[Download] "Peglow v. L & A Builders" by Appellate Division, Fourth Department, New York Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Peglow v. L & A Builders
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 10, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Order insofar as appealed from unanimously reversed on the law with costs, motions denied, complaint reinstated and third-party complaint against Town of Paris and Saquoit Consolidated Water District reinstated. Memorandum: Supreme Court erred in granting the motion of defendant, the general contractor, for summary judgment dismissing the complaint and the motion of Town of Paris and Saquoit Consolidated Water District (third-party defendants) for summary judgment dismissing the third-party complaint against them. Defendant and third-party defendants did not meet their burden of establishing as a matter of law that Ricky D. Peglow (plaintiff) was not "employed" at defendants construction project within the meaning of Labor Law §240 (1) and §241 (6). That term is broadly defined to "include[] permitted or suffered to work" (Labor Law §2 [7]), and encompasses "all workers on the job" (Kirkpatrick v Diversified Sports, 216 AD2d 891, 892; see, Haimes v New York Tel. Co., 46 NY2d 132, 137; see also, Brown v Muthig, 220 AD2d 898). Triable issues of fact remain whether plaintiffs work was part of defendants construction project (see, Mosher v St. Josephs Villa, 184 AD2d 1000, 1002; Cox v LaBarge Bros. Co., 154 AD2d 947, lv dismissed 75 NY2d 808) or outside the scope of that project (see, Brennan v 3785 South Park, ___ AD2d ___ [decided Sept. 30, 1997], lv denied ___ NY2d ___ [decided Apr. 30, 1998]; Root v County of Onondaga, 174 AD2d 1014, lv denied 78 NY2d 858).