Opinion · New York Court of Appeals
Lewis-Moors v. Contel of New York, Inc.
Lewis-Moors v. Contel of N.Y., Inc., 78 N.Y.2d 942 (New York Court of Appeals 1991)
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1991-07-09
- Topic
- general
How later courts describe this case
- applying statute to a telephone pole
Citator
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- Cited by
- 65 opinions
OPINION OF THE COURT
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 NY 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.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, etc.