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GARCIA v. 225 E 57 ST OWNERS

6195.

96 A.D.3d 88 (2012)

942 N.Y.S.2d 533

2012 NY Slip Op 3287

CARLOS GARCIA, Respondent, v. 225 EAST 57TH STREET OWNERS, INC., Appellant.

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

April 26, 2012.

Attorney(s) appearing for the Case

Thomas D. Hughes , New York City ( Richard C. Rubinstein of counsel), for appellant.

Ephrem J. Wertenteil , New York City, and Hecht, Kleeger, Pintel & Damashek, New York City, for respondent.

TOM, J.P., ANDRIAS, ABDUS-SALAAM and ROMÁN, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

In this personal injury action in which the plaintiff alleges a violation of Labor Law § 241 (6), the critical inquiry is not whether the plaintiff was engaged in the demolition or "dismantling" of a structure. Rather, we must decide if the breaking of a mirrored panel that injured plaintiff is the type of hazard contemplated by the Industrial Code provisions that plaintiff alleges were violated.

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