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Ares v. State

Appellate Division of the Supreme Court of New York, First Department
Sep 24, 1991
176 A.D.2d 203 (N.Y. App. Div. 1991)

Summary

In Ares v State of New York (176 A.D.2d 203) the Second Department, citing to Matter of Dillon v State of New York (supra), recently held that "Labor Law § 241 applies only to work attendant upon the construction or demolition of buildings, and a highway cannot be considered a building within the meaning of the statute" (see, Vincent v Dresser Indus., 172 A.D.2d 1033).

Summary of this case from Mosher v. State

Opinion

September 24, 1991

Appeal from the Court of Claims (Gerard Weisberg, J.).


The court erred in concluding that Labor Law § 241 (6) is applicable to a highway repaving that had no connection to any building. Labor Law § 241 applies only to work attendant upon the construction or demolition of buildings, and a highway cannot be considered a building within the meaning of the statute (Matter of Dillon v. State of New York, 167 A.D.2d 574). Therefore, plaintiff failed to establish a prima facie case against the Thruway Authority.

The conclusion of the Court of Claims was not against the weight of credible evidence nor contrary to the law (Dizak v State of New York, 124 A.D.2d 329). The fact-finder is responsible for evaluating the credibility of expert testimony, even if it is uncontradicted (Mechanick v. Conradi, 139 A.D.2d 857).

Concur — Carro, J.P., Milonas, Ellerin, Ross and Asch, JJ.


Summaries of

Ares v. State

Appellate Division of the Supreme Court of New York, First Department
Sep 24, 1991
176 A.D.2d 203 (N.Y. App. Div. 1991)

In Ares v State of New York (176 A.D.2d 203) the Second Department, citing to Matter of Dillon v State of New York (supra), recently held that "Labor Law § 241 applies only to work attendant upon the construction or demolition of buildings, and a highway cannot be considered a building within the meaning of the statute" (see, Vincent v Dresser Indus., 172 A.D.2d 1033).

Summary of this case from Mosher v. State
Case details for

Ares v. State

Case Details

Full title:EVELYN ARES, Appellant, v. STATE OF NEW YORK et al., Respondents

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

Date published: Sep 24, 1991

Citations

176 A.D.2d 203 (N.Y. App. Div. 1991)

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