Practice point: While § 240(1) is not limited to work performed on actual construction sites, the task in which an injured employee was engaged must have been performed during the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure.
Student note: Within the meaning of § 240(1), ‘altering’ requires making a significant physical change to the configuration or composition of the building or structure.
Case: Panico v. Advanstar Communications, Inc., NY Slip Op 00944 (2d Dept. 2012).
Tomorrow’s issue: Tort liability to a third party.
