Friday, March 15, 2013

Second Department Affirms Finding of Questions of Fact As to Whether Plaintiff Was A Worker Entitled to Labor Law Protection

In Vega v. Renaissance 632 Broadway, LLC, the plaintiff was injured while standing on a ladder cutting brackets to free a pipe during demolition work.  The pipe broke free and struck the ladder, allegedly causing the ladder and plaintiff to fall to the floor.  Although plaintiff testified that his boss had instructed him to perform this work, plaintiff's boss testified that he had instructed plaintiff to perform only clean-up work.  On these facts, the trial court and the Second Department found that a question of fact existed as to whether the plaintiff had been "suffered or permitted to work on a building" within the meaning of the Labor Law, or whether he was acting outside the scope of his employment. 

No comments:

Post a Comment