Kretzschmar v. New York State Urban Development Corp.
Opinion of the Court
Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered December 4, 2003, which denied plaintiffs’ motion for partial summary judgment as to liability on the part of defendant Convention Center Development Corporation and granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.
Elaintiff Charles Kretzschmar, an electrician, was injured in the process of removing a sign from a temporary exhibit suspended from the ceiling at the Javits Center. The motion court correctly dismissed plaintiffs’ Labor Law § 240 (1) claim because the electrician was not working on a “structure” at the time of his accident (Stanislawczyk v 2 E. 61st St. Corp., 1 AD3d 155 [2003], lv denied 3 NY3d 604 [2004]), and his work was not effecting a significant or permanent physical change to the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.