Practice point: While the reach of § 240(1) is not limited to work performed on actual construction sites, the injured plaintiff must have been working on the erecting, demolishing, repairing, altering, painting, cleaning or pointing of a building or structure. To succeed on a motion to dismiss because the statute does not apply, a defendant must offer evidentiary proof, in admissible form, as to the nature of the work plaintiff was performing at the time of the accident, and the manner in which the accident occurred.
Case: Valdivia v. Consolidated Resistance Co. of Am., Inc., NY Slip Op 06826 (2d Dept. 2008)
The opinion is here.
