Summary
affirming lower court's ruling that "a telephone pole with attached hardware, cable and support systems constitutes a structure within the meaning of that section"
Summary of this case from McCaffrey v. Millennium Pipeline CompanyOpinion
Decided July 9, 1991
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Irad S. Ingraham, J.
Timothy J. Perry for appellant.
Scott Clippinger for respondents.
MEMORANDUM.
The order of the Appellate Division 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). 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.
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, etc.