Saint v. Syracuse Supply Co.

Joseph Saint suffered work-related injuries while he was engaged in the installation and removal of a billboard advertisement. Joseph and his wife, Sheila Saint (together, Plaintiffs), brought this complaint against the owner of the property where the billboard was located, alleging violations of N.Y. Labor Law 240(1) and (2) and 241(6), among other claims. Defendant moved for summary judgment to dismiss Plaintiffs’ complaint, asserting that Joseph was not engaged in a covered activity under the Labor Law. Supreme Court denied the motion, concluding that Labor Law 240 and 241 applied to Joseph’s claim. The Appellate Division reversed and dismissed the complaint, determining that Plaintiff’s work on the billboard did not constitute altering the building or structure for purposes of section 240 and that Plaintiff was not engaged in construction work within the meaning of section 241(6). The Court of Appeals reversed, holding (1) Plaintiff was engaged in alteration of the structure within the meaning of Labor Law 240(1); and (2) Plaintiff properly asserted claims for unprotected construction work under Labor Law 240(2) and 241(6) based on the lack of a guardrail on the billboard platform. View "Saint v. Syracuse Supply Co." on Justia Law