Depends on Which Building You Fell Off! – Recent Labor Law Decision

The holding in Billman v. CLF Mgmt. literally depended on which building the plaintiff fell off. 

The injured plaintiff worked on two buildings — the CLF building and the Anjo building — on the same day, but fell off the CLF building’s roof upon trying to reach a ladder.   Anjo and CLF shared common owners and principals, but the two entities were distinct corporations.  As such, the Court held that Anjo was not an entity which had an interest in the property and which fulfilled the role of owner by contracting to have work performed on the CLF building for its benefit, even though the work performed on both buildings was arranged for at the same time by the same principals of both corporations.  The Appellate Division, Second Department held that the trial court had incorrectly determined that Anjo constituted an "owner" under Labor Law secs. 240(1) and 241(6).

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