Hearns v Blended Family LLC

Holding The court held that a telecommunications worker installing Wi-Fi services is not a covered employee under Public Service Law § 228, but the Labor Law § 240(1) claim was properly dismissed because drilling holes to run cable did not constitute a significant physical alteration of the building. Additionally, the court affirmed conditional contractual indemnification in favor of the property owner against the tenant.

The court’s words

Public Service Law § 228 does not apply to shield Abeken from liability under Labor Law § 240(1).

2026 NY Slip Op 05367, at the official text

Plaintiff's self-described action of drilling two holes in order to run the cable wire did not constitute an alteration pursuant to Labor Law §240(1).

2026 NY Slip Op 05367, at the official text

sophisticated parties negotiating at arm's length have agreed to 'allocat[e] the risk of liability to third parties between themselves, essentially through the employment of insurance,' that agreement is enforceable

2026 NY Slip Op 05367, at the official text