DJURIC v. CITY OF NEW YORK

9226, 151057/12.

172 A.D.3d 456 (2019)

100 N.Y.S.3d 17

2019 NY Slip Op 03538

Michael Djuric et al., Appellants-Respondents, v. City of New York et al., Respondents, and Shaw Environmental & Infrastructure Engineering of New York, P.C., Respondent-Appellant/Third Party Plaintiff-Appellant. Bidwell Environmental, LLC, Third-Party Defendant-Respondent.

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

Decided May 7, 2019.


The motion court correctly found that Labor Law § 240 (1) was inapplicable here, because the pipe saddle that detached from an overhead ceiling pipe assembly and struck plaintiff was not an object that required securing for the purposes of the undertaking; rather it was a permanent part of the structure (see Narducci v Manhasset Bay Assoc., 96 N.Y.2d 259, 268-269 [2001]; Bednarczyk v Vornado Realty Trust,

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