New York Court of Appeals Holds Work on Billboard Not Alteration Under Labor Law sec. 241(1)

The New York Court of Appeals agreed with the Dissenting Justices in Munoz v. DJZ Realty, LLC in holding that the injured plaintiff's work on a billboard did not come within the ambit of the activities set forth in Labor Law sec. 240(1) (see Second Department decision here).  The plaintiff fell off a ladder while applying a new advertisement to a billboard.  Citing its prior discussion in Joblon v. Solow concerning the activity "altering," the Court reasoned that the activity was more "cosmetic maintenance" or "decorative modification" than an altering under the Labor Law.  The Court's definition of altering in Joblon plays an important part in this decision's holding ("altering" within the meaning of Labor Law § 240(1) requires making a significant physical change to the configuration or composition of the building or structure., excluding simple, routine activities).