Albanese v. City of New York

In this case, the plaintiff was injured when he fell from scaffolding hung from a Cross Bronx Expressway ramp when a tractor trailer struck the bottom of the scaffolidng. The work on the roadway was done pursuant to a contract between the State of New York and two defendants. The plaintiff asserted a Labor Law Sections 240 and 241 action against the City, among other parties, even though the City was not a signatory to the contract.

The Appellate Division, First Department deemed that the City was an owner within the meaning of Labor Law sections 240 and 241, rejecting the City’s argument that Highway Law sections 340-a and 340-b deemed the state the owner during the reconstruction and renovation period. The Court opined that the state was performing the work;however, the City reviewed the designs and issued permits. The Court recognized that the state could not proceed without those permits. On that basis, and on that basis alone, the Court deemed the City an owner withint the meaning of the Labor Law.