Practice point: For liability to attach under § 240(1), the employee must have been injured during the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure.
Practitioners should note that ‘altering,' within the statute’s meaning, requires making a significant physical change to the configuration or composition of the building or structure, and routine maintenance is not protected.
Case: LaGiudice v. Sleepy's Inc., NY Slip Op 08788 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Contracts.
