The First Department determined plaintiff’s injuries from a two-story fall were not covered by Labor Law 240 (1). Plaintiff was installing temporary flag holders at the time of the fall:
The record establishes that plaintiff was not engaged in a protected activity under Labor Law § 240(1) at the time of his accident. Plaintiff testified that the installation of the three flag holder brackets entailed marking the location of the screws, drilling three holes for each bracket, placing plastic fasteners in the holes, and attaching each flag holder with three screws to hold it in place. Such work did not constitute “altering” since it did not result in a “significant physical change” to the building’s structure … . The cosmetic and nonstructural nature of the work is reflected by the temporary placement of the flags to enhance the exterior appearance of the building during the St. Patrick’s Day celebration, after which they were removed … . Lannon v 356 W. 44th St. Rest., Inc., 2016 NY Slip Op 01129, 1st Dept 2-16-16
LABOR LAW (INSTALLATION OF TEMPORARY FLAG HOLDERS NOT A PROTECTED ACTIVITY UNDER LABOR ALW 240 (1)