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Ares v. State

80 N.Y.2d 949 Court N.Y. Decision date 1992-10-29 English

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p. 959
Evelyn Ares, Individually and as Administratrix of the Estate of Rafael Ares, Deceased, Appellant, v State of New York et al., Respondents.
Argued September 15,1992;
decided October 29, 1992
p. 960
APPEARANCES OF COUNSEL
Sullivan & Liapakis, P. C., New York City (Cheryl Eisberg Moin and Pamela Anagnos Liapakis of counsel), for appellant.
White, Fleischner, Fino & Wade, New York City (Benjamin A. Fleischner and Lynn J. Hershkovits of counsel), for New York State Thru way Authority, respondent.
Robert Abrams, Attorney-General, Albany (Jerry Boone of counsel), for State of New York, respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division erred in concluding that Labor Law § 241 (6) applies only to work in connection with the construction or demolition of buildings and not to the highway construction project involved here (see, Mosher v State of New York, 80 NY2d 286 [decided today]). Nevertheless, the claimant’s cause of action under that section was properly dismissed. The record supports the Court of Claims conclusion that claimant failed to establish that a violation of a safety regulation promulgated pursuant to Labor Law § 241 (6) was the proximate cause of the accident.

Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa concur; Judge Smith taking no part.

Order affirmed, with costs, in a memorandum.

Cases cited

Statutes and regulations cited