Court of Appeals Repudiates Labor Law § 240(1) “Same Level” Precedent and Construes a Labor Law § 241(6)-Triggering Regulation
In Wilinski v. 334 East 92nd Housing Development Fund Corp., 2011 NY Slip Op 07477 (Oct. 25, 2011), the New York Court of Appeals vitiated the so-called “same level” rule that had embedded itself in New York Labor Law § 240(1) jurisprudence, and construed a Labor Law § 241(6)-triggering regulation. P, who was engaged in the demolition of…
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