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ENOS v. WERLATONE, INC.

2008-03389

68 A.D.3d 713 (2009)

2009 NY Slip Op 8993

890 N.Y.S.2d 109

ADAM ENOS, Appellant, v. WERLATONE, INC., et al., Defendants, and GLENN WERLAU et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 1, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

To successfully assert a cause of action under Labor Law § 240 (1), a plaintiff must establish that he or she was injured during "the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure" (Labor Law § 240 [1]; see Wein v Amato Props., LLC, 30 A.D.3d 506, 507 [2006]). The statute provides "no protection...

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