Piccione v. 1165 Park Avenue, Inc.
| Decision Date | 18 February 1999 |
| Citation | 258 A.D.2d 357,685 N.Y.S.2d 242 |
| Parties | PATRICK PICCIONE et al., Respondents,<BR>v.<BR>1165 PARK AVENUE, INC., Appellant, and<BR>TAMSIN LOOKER et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendants.<BR>BROWN, HARRIS, STEVEN, INC., Third-Party Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Plaintiff fell and was injured when the ladder on which he was standing while repairing a fluorescent light fixture collapsed. The repair work consisted of replacing the ballast and sockets, disconnecting the wires, stripping them and reconnecting them. Such repairs, which entailed much more than merely changing a lightbulb, constituted "repair[s]" within the meaning of Labor Law § 240 (1) and 12 NYCRR 23-1.4 (b) (13) (compare, Purdie v Crestwood Lake Hgts. Section 4 Corp., 229 AD2d 523, 525, with Smith v Shell Oil Co., 85 NY2d 1000, 1002), and are thus protected under Labor Law § 241 (6) as well as section 240 (1) (see, Joblon v Solow, 91 NY2d 457, 466). Indemnification in favor of the apartment occupants and against the building owner and maintenance contractor was properly granted upon proof establishing that the latter alone controlled and supervised plaintiff's work (see, Kelly v Diesel Constr. Div., 35 NY2d 1). Plaintiffs conclusory and unsworn allegations that the floor on which the ladder stood was slippery is insufficient, standing alone, to raise an issue of negligence on the part of the apartment occupants (see, Silver v Brodsky, 112 AD2d 213, 214).
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