In Becker v. ADN Design Corp , Lawrence Becker was injured when he fell through a sheet rock ceiling while running telephone wires for ADN Design Corp in an attic crawl space.
Although Becker alleged that ADN directed him to go into the dangerous crawl space area, the company denied giving him that instruction.
When the Nassau County Supreme Court granted ADN's request to dismiss the case, Becker appealed to the Appellate Division, Second Department, which reversed.
Interestingly, the AD2 reversed because questions remained as to whether the work Becker performed triggered liability under New York Labor Laws -- which require that a laborer be exposed to an "elevation-related risk" and the accident occur in an area where "construction, excavation, or demolition work was being performed." Since running wires could fall within the "ambit of 'construction work'" the AD2 sent the matter back for a formal hearing or trial.
This time, will Becker's claim fall?
To download a copy of the Appellate Division's decision, please use this link: Becker v. ADN Design Corp