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CALAWAY v. METRO ROOFING AND SHEET METAL WORKS, INC.

284 A.D.2d 285 (2001)

727 N.Y.S.2d 426

LOREN CALAWAY, Respondent, v. METRO ROOFING AND SHEET METAL WORKS, INC., Respondent, and JUDSON HOLDING II et al., Appellants, et al., Defendant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 28, 2001.

Judgment against appellants on the issue of their liability under Labor Law § 240 (1) was properly directed as a matter of law upon evidence establishing that plaintiff was injured while performing work within the contemplation of the statute (Nephew v Barcomb, 260 A.D.2d 821). Appellants are closely affiliated with plaintiff's employer through the same principal, and all three knew...

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