Hoffmeister v. Oaktree Homes, Inc.
This case involves an appeal where the defendant, Oaktree Homes, Inc., challenged a summary judgment granted to the plaintiff in a Labor Law § 240 (1) action. The plaintiff, employed by third-party defendant J.E.B. Contracting, was injured while removing a tarpaulin structure from foundation walls at a construction site. Oaktree Homes argued that the work area was not covered under Labor Law § 240 (1) and that the plaintiff was a recalcitrant worker. The court rejected these arguments, affirming that the structure constituted part of the workplace and that disregarding instructions alone was insufficient to establish the recalcitrant worker defense. The order of the Supreme Court, Orleans County, granting summary judgment to the plaintiff was unanimously affirmed.