Rios v. Wvf-Paramount 545 Property, Llp, 9331.

• Decision Date: 23 January 2007
• Docket Number: 9331.
• Citation: 36 A.D.3d 511,828 N.Y.S.2d 368,2007 NY Slip Op 00396
• Parties: FELIX RIOS, Respondent, v. WVF-PARAMOUNT 545 PROPERTY, LLP, Defendant, and 745 ASSOCIATES, LLC, Appellant. (And a Third-Party Action.)
• Court: New York Supreme Court — Appellate Division

36 A.D.3d 511

828 N.Y.S.2d 368

2007 NY Slip Op 00396

FELIX RIOS, Respondent, v. WVF-PARAMOUNT 545 PROPERTY, LLP, Defendant, and 745 ASSOCIATES, LLC, Appellant. (And a Third-Party Action.)

9331.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 23, 2007.

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.