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ROYCE v. DIG EH HOTELS, LLC

16071, 116959/09, 591083/10, 590132/11, 590924/11.

139 A.D.3d 567 (2016)

33 N.Y.S.3d 172

2016 NY Slip Op 03985

ZACHARY ROYCE et al., Appellants, v. DIG EH HOTELS, LLC, Doing Business as THE ESSEX HOUSE, et al., Respondents. DIG EH HOTELS, LLC, Conducting Business as THE ESSEX HOUSE, Third-Party Plaintiff, v. IMAGINATION GROUP, LTD., Third-Party Defendant-Respondent. THE IMAGINATION GROUP, LTD., Sued Herein as IMAGINATION GROUP, LTD., Fourth-Party Plaintiff, v. PLS STAGING, Fourth-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided May 19, 2016.

While the work that the injured plaintiff was doing immediately before his accident should not be viewed in isolation in determining whether he has a potentially viable claim under Labor Law § 240 (1) (see Prats v Port Auth. of N.Y. & N.J., 100 N.Y.2d 878, 882 [2003]), the motion court correctly found that the his work was outside the scope of activity protected by that statute. Plaintiff, a lighting engineer, fell off a...

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