Lewis-Moors v. Contel of New York, Inc.
| Decision Date | 09 July 1991 |
| Docket Number | LEWIS-MOORS |
| Citation | 573 N.Y.S.2d 636,578 N.E.2d 434,78 N.Y.2d 942 |
| Parties | , 578 N.E.2d 434 Patricket al., Respondents, v. CONTEL OF NEW YORK, INC., Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 167 A.D.2d 732, 563 N.Y.S.2d 303, should be affirmed, with costs, and the question certified answered in the negative.
Under Labor Law § 240(1), a "structure" is "any production or piece of work artificially built up or composed of parts joined together in some definite manner" (Caddy v. Interborough R.T. Co., 195 N.Y. 415, 420, 88 N.E. 747). Accordingly, the Appellate Division correctly held that a telephone pole with attached hardware, cable and support systems constitutes a structure within the meaning of that section. We have reviewed defendant's remaining argument and conclude it is without merit.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, etc.
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