Benamati v. McSkimming

In this case, the Appellate Division, Third Department granted the defendants’ summary judgment motion dismissing the Labor Law causes of action on the ground that the plaintiff had not been hired to perform any repairs at the time of his accident. The plaintiff fell from a ladder while inspecting the chimney of a youth center. The Court observed that fundamentally recovery under Labor Law sections 200(1), 240(1) or 241(6) is conditioned upon a showing that the plaintiff was both permitted or suffered to work on a building or structure and was hired by someone, be it owner, contractor, or their agent.