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Brice v. Lafayette Country Club, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 957 (N.Y. App. Div. 1991)

Opinion

November 15, 1991

Appeal from the Supreme Court, Onondaga County, Nicholson, J.

Present — Doerr, J.P., Boomer, Pine, Balio and Lawton, JJ.


Appeal from order insofar as it denied preclusion unanimously dismissed (see, Loafin' Tree Rest. v. Pardi [appeal No. 1], 162 A.D.2d 985) and otherwise order reversed on the law without costs and motion granted. Memorandum: Supreme Court erred by denying defendant's motion for partial summary judgment dismissing plaintiff's claim pursuant to Labor Law § 240 (1) and by granting plaintiff's cross motion to amend his bill of particulars to allege a violation of section 200 Lab. of the Labor Law. Plaintiff, a florist who had been hired by a member to decorate a room in defendant country club for a private party, was injured when he fell from a stepladder while hanging streamers from the ceiling. We conclude that the activity in which plaintiff was engaged, hanging streamers, is not a protected activity within the purview of the Labor Law (cf., Izrailev v. Ficarra Furniture, 70 N.Y.2d 813, 815; Neville v. Deters, 175 A.D.2d 597; Ferrari v. Niasher Realty, 175 A.D.2d 591; Dedario v. New York Tel. Co., 162 A.D.2d 1001). We cannot agree with plaintiff's argument that hanging streamers for a party is the alteration of a building or structure sufficient to invoke the protection of the Labor Law (see generally, Mordkofsky v. V.C.V. Dev. Corp., 76 N.Y.2d 573, 576-577).

Supreme Court correctly held that plaintiff's counsel did not violate Code of Professional Responsibility DR 7-104 (A) (1) by informally interviewing a maintenance person employed by defendant (see, Niesig v. Team I, 76 N.Y.2d 363, 374). Consequently, upon reargument, defendant's motion for preclusion of the employee's statement and testimony was properly denied.


Summaries of

Brice v. Lafayette Country Club, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 957 (N.Y. App. Div. 1991)
Case details for

Brice v. Lafayette Country Club, Inc.

Case Details

Full title:FRANK R. BRICE, Respondent, v. LAFAYETTE COUNTRY CLUB, INC., Appellant…

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

Date published: Nov 15, 1991

Citations

177 A.D.2d 957 (N.Y. App. Div. 1991)
578 N.Y.S.2d 311

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