PATRICK LEWIS-MOORS ET AL., RESPONDENTS, v. CONTEL OF NEW YORK, INC., APPELLANT.

78 N.Y.2d 942, 578 N.E.2d 434, 573 N.Y.S.2d 636 (1991).
July 9, 1991

3 No. 227 SSM 22
Decided July 9, 1991

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Timothy J. Perry, for Appellant.
Scott Clippinger, for Respondents.

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the negative.

Under Labor Law 240(1), a "structure" is "any production or piece of work artificially built up or composed of parts joined together in some definite manner" (Caddy v Interborough Rapid Tr. Co., 195 NY 415, 420). Accordingly, the Appellate Division correctly held that a telephone pole with attached hardware, cable and support systems constitutes a structure within the meaning of that section. We have reviewed defendant's remaining argument and conclude it is without merit.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, and certified question answered in the negative, in a memorandum. Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock and Bellacosa concur.

PATRICK LEWIS-MOORS ET AL., RESPONDENTS, v. CONTEL OF NEW YORK, INC., APPELLANT.

78 N.Y.2d 942, 578 N.E.2d 434, 573 N.Y.S.2d 636 (1991). July 9, 1991

78 N.Y.2d 942, 578 N.E.2d 434, 573 N.Y.S.2d 636 (1991).
July 9, 1991