Joseph Saint V. Syracuse Supply Company

110 A.D.3d 1470, 973 N.Y.S.2d 896 (4th Dept.) (October 4, 2013)

The plaintiff was injured when he fell from an elevated billboard structure while changing an advertisement. The court dismissed the §240(1) cause of action and noted that “applying a new advertisement to … a billboard does not constitute the ‘altering’ of a building or structure.” Further, the plaintiff was not engaged in “construction” as required by §241(6).

Practice Note: The activity was “more akin to cosmetic maintenance or decorative modification.”

Topics: Alteration or Repair