Rios v WVF-Paramount 545 Prop., LLP (2007 NY Slip Op 00396)

Rios v WVF-Paramount 545 Prop., LLP

2007 NY Slip Op 00396 [36 AD3d 511]

January 23, 2007

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 14, 2007

Felix Rios, Respondent,
v
WVF-Paramount 545 Property, LLP, Defendant, and 745 Associates, LLC, Appellant. (And a Third-Party Action.)

—[*1] Harrington, Ocko & Monk, LLP, White Plains (I. Paul Howansky of counsel), for appellant. Robert J. Renna, Brooklyn, for respondent.

Order, Supreme Court, New York County (Debra A. James, J.), entered April 25, 2006, which, to the extent appealed from as limited by the briefs, granted plaintiff's cross motion for summary judgment on liability on his third cause of action, unanimously affirmed, without costs.

Plaintiff building engineer was in the process of repairing and replacing electrical wiring in the ceiling of the 12th floor, in order to restore lighting to the entire floor, at the time the ladder he was standing on collapsed. The work he was engaged in was more than simply changing a lightbulb, and constituted "repair[s]" within the meaning of Labor Law § 240 (1) (Piccione v 1165 Park Ave., 258 AD2d 357 [1999], lv dismissed 93 NY2d 957 [1999]). Concur—Tom, J.P., Saxe, Sullivan, Buckley and McGuire, JJ.