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SCAPARO v. VILLAGE OF ILION

No. 212 SSM 42

13 N.Y.3d 864 (2009)

2009 NY Slip Op 8857

921 N.E.2d 590

893 N.Y.S.2d 823

CHARLES SCAPARO et al., Appellants, v. VILLAGE OF ILION et al., Defendants, and HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY et al., Respondents. (Action No. 1.) ANTHONY YERO et al., Appellants, v. VILLAGE OF ILION et al., Defendants, and HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY et al., Respondents. (Action No. 2.)

Court of Appeals of New York.

Decided December 1, 2009.

Attorney(s) appearing for the Case

Brindisi, Murad, Brindisi, Pearlman, Julian & Perz, LLP, Utica (Anthony J. Brindisi of counsel), for appellants.

Roche, Corrigan, McCoy & Bush, PLLC, Albany (Robert P. Roche of counsel), for Herkimer County Industrial Development Agency, respondent.

Law Office of John A. Panzone, P.C., Barneveld (John A. Panzone of counsel), for Our Lady Queen of Apostles Church of St. Mary of Mount Carmel/S.S. Peter and Paul, respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

The Appellate Division majority properly concluded that no triable issue of fact exists whether defendant Herkimer County Industrial Development Agency (HCIDA) was an owner within the contemplation of Labor Law § 241 (6). In cases imposing liability on a property owner who did not contract...

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