Injury's Proximity to Construction Site not the Operative Factor

In D'Alto v 22-24 129th St., LLC, the plaintiff was injured when he fell while climbing down from a truck located 100 feet away from the construction site. The Second Department held that the accident did not fall outside of the protections of Labor Law § 240(1) just because he was approximately 100 feet away from the work site when the accident occurred. The plaintiff’s work was “necessitated by virtue of the [cement being prepared for use] in the construction [site] and was incidental to its movement [to] the construction area.”