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BARANELLO v. RUDIN MANAGEMENT COMPANY

13 A.D.3d 245 (2004)

785 N.Y.S.2d 918

DANIEL BARANELLO, JR., Respondent, v. RUDIN MANAGEMENT COMPANY, Appellant.

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

December 21, 2004.

There is no triable issue of fact as to the nature of the work being conducted at the site; it did not constitute demolition work as required for the application of the relied-upon section of the Industrial Code. "Demolition work" is defined in the Industrial Code (see 12 NYCRR 23-1.4 [b] [16]) as "[t]he work incidental to or associated with the total or partial dismantling or razing of a building or other structure including...

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