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MOURA v. CITY OF NEW YORK

7227. 150011/13.

165 A.D.3d 434 (2018)

84 N.Y.S.3d 483

2018 NY Slip Op 06618

Celio Moura et al., Respondents-Appellants, v. City of New York, Respondent-Appellant, and B&H Engineering, P.C., Appellant-Respondent/Third-Party Plaintiff, et al., Defendants. Rovi Construction Corp., Third-Party Defendant-Appellant-Respondent. (And a Second Third-Party Action.)

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

Decided October 4, 2018.

The injured plaintiff's employer was hired to erect, move, and adjust rolling scaffolding to facilitate B&H's inspection of the Manhattan Bridge. Viewed under the totality of the circumstances, this work constituted construction and alteration within the contemplation of Labor Law § 241 (6) and Industrial Code § 23-1.4 (b) (13) (see Saint v Syracuse Supply Co., 25 N.Y.3d 117, 124-125 [2015]; Prats v Port Auth. of...

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