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Stoneham v. Joseph Barsuk, Inc.

Citation: 2022 NY Slip Op 06583Docket: 670 CA 21-01542

Court: Appellate Division of the Supreme Court of the State of New York; November 17, 2022; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In Stoneham v. Joseph Barsuk, Inc., the Appellate Division addressed a dispute involving Labor Law § 240 (1) protections. The plaintiffs, Mark A. Stoneham and Bonnie Stoneham, sought partial summary judgment on a claim arising from Mark's injuries sustained while replacing an air tank on a flatbed trailer, which resulted in the trailer falling on him. The court affirmed the lower court's decision denying the plaintiffs' motion and granting summary judgment in favor of the defendant, David J. Barsuk. The court ruled that the plaintiff's activity was not a protected activity under Labor Law § 240 (1) as it constituted routine vehicle repair rather than a construction-related task. The court also rejected the notion that the flatbed trailer qualified as a 'structure' under the statute. The dissenting opinion argued for a broader interpretation of 'structure' and questioned the distinction between routine maintenance and repair, suggesting that the defendant did not adequately prove the nature of the work. Ultimately, the majority upheld the ruling that the protections of Labor Law § 240 (1) did not apply, rendering the plaintiff's claims unsubstantiated under this statute. The dissent proposed reinstating the third cause of action, highlighting unresolved factual issues regarding the nature of the work and its classification under Labor Law protections.

Legal Issues Addressed

Definition of 'Structure' under Labor Law § 240 (1)

Application: The court rejected the plaintiffs' argument that a flatbed trailer qualifies as a 'structure' within the meaning of Labor Law § 240 (1), emphasizing the statute's focus on construction-related contexts.

Reasoning: Plaintiffs argued that the air tank replacement constituted a repair and that the flatbed trailer qualified as a 'structure,' but the court rejected these interpretations.

Judgment as a Matter of Law in Labor Law Claims

Application: The dissent argued that the defendant failed to establish entitlement to summary judgment as a matter of law due to insufficient evidence clarifying the nature of the work performed by the plaintiff.

Reasoning: The dissent also contends that the defendant failed to prove entitlement to judgment as a matter of law, as it did not sufficiently clarify whether the work was routine maintenance—excluded from protection—or a repair—eligible for protection.

Labor Law § 240 (1) and Protected Activities

Application: The court concluded that the plaintiff's activity of replacing an air tank on a flatbed trailer did not constitute a protected activity under Labor Law § 240 (1) as it was considered routine vehicle repairs, not related to construction.

Reasoning: The court determined that since plaintiff was performing routine vehicle repairs unrelated to construction or renovation, he was not engaged in a protected activity under the statute.

Routine Maintenance vs. Repair

Application: The dissenting opinion highlighted the importance of distinguishing between routine maintenance, which is not protected, and repairs, which may be protected under Labor Law § 240 (1).

Reasoning: The distinction between routine maintenance and repairs is often nuanced, hinging on whether the item was inoperable before work began and if the repairs addressed normal wear and tear.