A worker's Labor Law claim for an eye injury failed as a matter of law because he was not engaged in construction, demolition or excavation work at the time he was hurt.
Case: Bautista v. 165 West End Avenue Association, Nos. 109503/08 691 591070/08 590876/10 690, 03/31/2016, published.
Facts: Pedro Bautista claimed he suffered an eye injury while replacing window balances in a cooperative apartment unit at 165 West End Ave. in New York City.
He claimed a screw had "jumped" and struck him in the eye.
Procedural History: Bautista filed a Labor Law claim against the ...
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