Jean Allen filed suit on behalf of a guy who was killed while setting up an amusement ride on City-owned property. And after the Bronx County Supreme Court dismissed the Labor Law component of the case, Allen appealed.
Because the carnival employee was in the process of installing pre-built scenery panels, and wasn't engaged in the "erection of a structure," as required by New York's Labor Law, the Appellate Division, First Department, agreed that no violation of that particular statute had occurred.
The City doesn't clown around.
To view a copy of the Appellate Division's decision, please use this link: Allen v. City of New York