New York Court of Appeals
Robert Whelen v. Warwick Valley Civic and Social Club
July 9, 197947 N.Y.2d 970
Summary
The New York Court of Appeals affirmed the Appellate Division's order, holding that under Labor Law §240 a plaintiff must be both permitted or suffered to work on a building and be hired as an employee to qualify for the statute's absolute liability protection; a volunteer does not meet this requirement.