Labor Law 241(6)

The First Department denied defendant-contractors' motion to dismiss the Labor Law § 241(6) cause of action, in Gheradi v. City of New York, which was decided on March 4, 2008. Plaintiff was injured while working on an extensive project for the installation of wiring on four floors of a public high school. The court determined that this project effected a significant physical change to the building and was therefore an alteration sufficient to bring it within the statute's coverage.

New York practice point: The statute extends its protection to an entrance ramp used for worker access and for bringing in materials, and is not limited to where plaintiff's work was actually being done. It is not necessary that the accident-causing instrumentality be set up specifically for plaintiff's use.