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Short Court of Appeal's Labor Law s. 240(1) Decision

The New York Court of Appeals handed down a very short Labor Law s.240(1) decision on August 29th.  Here is the substantive portion of Schroeder v. Kalenak Painting & Paperhanging, Inc. in its entirety:

Plaintiff concedes that wallpapering is not an enumerated activity under the Labor Law (see Labor Law § 240[1]). Moreover, plaintiff fails to allege sufficient facts to establish that her work was part of a larger renovation project subject to coverage under the statute (see Martinez v City of New York, 93 NY2d 322, 326 [1999]; cf. Prats v Port Auth. of New York and New Jersey, 100 NY2d 878 [2003]). Plaintiff's section 241(6) argument is similarly without merit.

I include this decision in the hopes that it's helpful for at least one of my readers!


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