Appellate Division of the Supreme Court of New York, 2002

Della Croce v. City of New York

Della Croce v. City of New York
Appellate Division of the Supreme Court of New York · Decided August 29, 2002
297 A.D.2d 257; 746 N.Y.2d 484; 746 N.Y.S.2d 484; 2002 N.Y. App. Div. LEXIS 8179
Della Croce v. City of New York

Opinion of the Court

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 *258therefore did not constitute “altering” within the meaning of Labor Law § 240 (1) (Joblon v Solow, 91 NY2d 457, 465; compare, Futterman v Rela Realty Corp., 283 AD2d 261, with Catoliato v Sam’s Club, 254 AD2d 62, Iv dismissed 93 NY2d 888).

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 NYCKR 23-1.4 [b] [13]) when he was injured (see, Joblon, supra at 466). Concur — Nardelli, J.P., Sullivan, Ellerin, Rubin and Friedman, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.