Danielewski v. Kenyon Realty Co., LLC
| Decision Date | 22 December 2003 |
| Docket Number | 2003-04784. |
| Citation | 2 A.D.3d 666,2003 NY Slip Op 19701,770 N.Y.S.2d 97 |
| Parties | RYSZARD DANIELEWSKI, Respondent, v. KENYON REALTY CO., LLC, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant contracted with the plaintiff's employer to remove a water tank from the roof of the defendant's building and replace it with a new tank. At the time of the plaintiff's accident, the old tank had been dismantled, but work remained to be done on the erection of the new tank. The plaintiff and his coworkers were using the roof of an elevator mechanical room adjacent to the water tank as a staging area for the lumber and equipment they were using on the job. The plaintiff was lowering tools from the roof of the mechanical room to the building roof at the end of a workday, so that the tools could be stored until work on the water tank resumed, when he slipped on a rain-slicked surface at the edge of the mechanical room roof and fell 12 feet to the building roof below, sustaining injuries. There was no rail or barricade at the perimeter of the mechanical room roof, and no lifelines, safety harnesses, or safety nets were present anywhere on the work site.
Section 240 (1) of the Labor Law requires contractors and property owners, "in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure," to provide specified safety devices to give "proper protection" from elevation-related hazards to "a person so employed" (Labor Law § 240 [1]; see Rocovich v Consolidated Edison Co., 78 NY2d 509 [1991]). The plaintiff was employed in the construction of the water tank at the time of his accident, and the work he was performing was part of that construction project (see Covey v Iroquois Gas Transmission Sys., 89 NY2d 952, 954 [1997]). Thus, contrary to the defendant's contention, the defendant may be liable for the plaintiff's injuries, "`despite...
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