Walton v. Devi Corp.
Plaintiff, an employee of Krum & Sons, Inc., sustained a debilitating eye injury on January 2, 1990, when struck by a wood chip while engaged in tree removal for Devi Corporation. He subsequently initiated a personal injury lawsuit against Devi, Berenson Pari-Mutuel of New York, Inc., and Roy Howard & Associates, asserting violations of Labor Law §§ 200 and 241 (6) for lack of protective eyewear. Supreme Court dismissed the complaint via summary judgment, leading to an appeal by the plaintiff. The Appellate Division affirmed the dismissal of the Labor Law § 241 (6) claim. The court concluded that the tree removal task did not fall under the statutory definition of "construction work," as it neither affected the structural integrity of the motel sign nor involved its construction, thereby rendering Labor Law § 241 (6) inapplicable.