Adimey v. Erie County Industrial Development Agency

In Adimey v. Erie County Industrial Development Agency (89 N.Y.2d 836), the Court of Appeals modified the decision below that held that defendant was not an "owner" within the meaning of Labor Law Sections 240(1) or 241(6). The Court of Appeals adopted the rationale of the Fourth Department's dissent: "the majority's holding negates the clear wording of Labor Law 240(1), which states that an owner is absolutely liable for damages for injuries arising out of a violation of the statute. If an exception is to be made for 'pass- though' owners like defendant, then such a change must be made by the Legislature, and that defendant as a public entity that owns the land, accepts the advantages and disadvantages associated with that ownership."