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Pryer v. Leon D. DeMatteis Construction Corp.
Citations: 253 A.D.2d 804; 677 N.Y.S.2d 603; 1998 N.Y. App. Div. LEXIS 9647
Court: Appellate Division of the Supreme Court of the State of New York; September 21, 1998; New York; State Appellate Court
In a personal injury case, the third-party defendant appeals an order from the Supreme Court of Nassau County, which granted summary judgment to the defendants, S&L Concrete Construction Corp. and Leon D. DeMatteis Construction Corp., dismissing the third-party defendant's counterclaims. The court affirmed this order, imposing one bill of costs. The plaintiff, Timothy Pryer, a corrections officer, claimed he was injured by slipping on sand while descending stairs in an observation tower, attributing the sand to ongoing construction at the Nassau County Corrections Facility. DeMatteis was the main contractor for the tower and was also constructing a nearby building, having subcontracted excavation work to S&L, which further subcontracted the foundation work. The court ruled that Pryer was not engaged in any activities protected under Labor Law sections 240 and 241(6), as he was not a construction worker and did not sustain his injury in a designated construction area. Consequently, Pryer had no valid claims against the defendants under these labor laws, leading to the dismissal of the appellant's counterclaims that were based on these allegations. The remaining arguments presented by the appellant were deemed without merit. Judges Mangano, Copertino, Joy, and Florio concurred with the decision.