In Pirog v. 5433 Preston Ct., LLC, Pirog injured his hand while he and his co-workers were stacking pipes on the defendant’s property. Pirog’s employer used the defendant’s property to store construction materials for use on various construction projects throughout the City.

Pirog commenced suit asserting that the defendant violated Labor Law sections 200, 240(1) and 241(6). The defendant moved for summary judgment, but its motion was denied. On appeal the Second Department reversed the lower court’s decision and granted the defendant summary judgment holding that, at the time of his accident, the plaintiff was not engaged in construction work and was not working in a construction area within the meaning of the Labor Law.

Thanks to Ed Lomena for his contribution ot this post.

http://www.courts.state.ny.us/reporter/3dseries/2010/2010_07912.htm