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Lewis-Moors v. Contel of New York

Court of Appeals of the State of New York
Jul 9, 1991
78 N.Y.2d 942 (N.Y. 1991)

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 Company

Opinion

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.


Summaries of

Lewis-Moors v. Contel of New York

Court of Appeals of the State of New York
Jul 9, 1991
78 N.Y.2d 942 (N.Y. 1991)

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 Company

applying statute to a telephone pole

Summary of this case from Shencavitz v. Sugimoto

In Lewis-Moors v Contel of N.Y. (78 NY2d 942, affg 167 AD2d 732), the plaintiff was employed on a project involving the removal and replacement of a network of telephone poles.

Summary of this case from Dahar v. Manu. Co.
Case details for

Lewis-Moors v. Contel of New York

Case Details

Full title:PATRICK LEWIS-MOORS et al., Respondents, v. CONTEL OF NEW YORK, INC.…

Court:Court of Appeals of the State of New York

Date published: Jul 9, 1991

Citations

78 N.Y.2d 942 (N.Y. 1991)

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