Della Croce v. City of New York
| Decision Date | 29 August 2002 |
| Citation | 297 A.D.2d 257,746 N.Y.S.2d 484 |
| Parties | MARVIN DELLA CROCE et al., Appellants-Respondents,<BR>v.<BR>CITY OF NEW YORK, Respondent-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Plaintiff, a Transit Authority employee, alleges that he fell off a ladder while attaching a three-by-five-foot bulletin board to the wall of a subway station locker room owned by defendant City. The motion court correctly held that such work did not involve "making a significant physical change to the configuration or composition of the building or structure," and therefore did not constitute "altering" within the meaning of Labor Law § 240 (1) ().
Plaintiff's claims based on Labor Law § 241 (6) should also have been dismissed since plaintiff was not performing any of the tasks enumerated in part 23 of the Industrial Code (12 NYCRR 23-1.4 [b] [13]) when he was injured (see, Joblon, supra at 466).
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