Tse Chin Cheung v. G & M Hardware & Electric, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; April 7, 1998; New York; State Appellate Court
The Supreme Court of New York County, under Justice Lorraine Miller, ruled on May 1, 1997, denying the plaintiff's motion for summary judgment regarding his Labor Law § 240(1) claim and granting the defendants' cross-motion for summary judgment, dismissing the complaint against them. The court found that the plaintiff was engaged in chimney installation work on a "makeshift" scaffold that collapsed, which was voluntarily performed for his brother, a restaurant operator on the defendants' premises. As a result, the plaintiff was not entitled to protections under Labor Law §§ 200, 240(1), and 241(6). The court rejected affidavits from the plaintiff and his brother claiming the plaintiff was compensated by another restaurant for his work at the defendants' location. These statements were deemed self-serving and contradicted their previous deposition testimony asserting that the plaintiff received no payment for the work. Additionally, the court noted the lack of a proprietary relationship between the two restaurants, failing to establish any credible evidence of the plaintiff being hired or compensated by anyone associated with the defendants or his brother. Other arguments presented by the plaintiff were also found to lack merit. The ruling was affirmed unanimously without costs, with concurrence from Justices Milonas, Nardelli, Mazzarelli, and Saxe.