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TOPOLI v. 77 BLEECKER ST. CORP.

10153, 150062/16.

176 A.D.3d 553 (2019)

108 N.Y.S.3d 847

2019 NY Slip Op 07537

Martin Topoli et al., Respondents, v. 77 Bleecker Street Corp., Respondent-Appellant/Third-Party Plaintiff-Respondent-Appellant, and Greenlight Construction Management Corp., Appellant-Respondent. Rebecca Dixon et al., Third-Party Defendants-Respondents.

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

Decided October 22, 2019.

Attorney(s) appearing for the Case

Carol R. Finocchio , New York ( Marie R. Hodukavich of counsel), for appellant-respondent.

Mischel & Horn, P.C., New York ( Lauren E. Bryant of counsel), for respondent-appellant.

Lurie, Ilchert, MacDonnell & Ryan, LLP, New York ( George W. Ilchert of counsel), for Martin Topoli and Dagmara Topoli, respondents.

Mead, Hecht, Conklin & Gallagher, LLP, White Plains ( Elizabeth M. Hecht of counsel), for Rebecca Dixon and Adam Dixon, respondents.

Concur—Acosta, P.J., Richter, Mazzarelli, Webber, Kern, JJ.

Because plaintiff Martin Topoli's work installing window shades at the time of the accident does not constitute "altering" within the meaning of Labor Law § 240(1), that claim is dismissed (Amendola v Rheedlen 125th St., LLC, 105 A.D.3d 426, 426-427 [1st Dept 2013]).

The Labor Law § 241(6) claim is also dismissed, since plaintiff's work is separate and distinct from the...

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