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CRESSER v. 345 PARK AVENUE, L.P.

Index No. 110848/11. Appeal No. 13598. Case No. 2019-4652.

193 A.D.3d 526 (2021)

146 N.Y.S.3d 615

2021 NY Slip Op 02340

Christopher Cresser et al., Respondents, v. 345 Park Avenue, L.P., Respondent, and NFL Enterprises, LLC, et al., Appellants. JT Magen & Co., Inc., Third-Party Plaintiff-Appellant, v. Antovel Gelberg Painting & Wallpapering, Inc., Third-Party Defendant-Respondent. NFL Enterprises, LLC, et al., Second Third-Party Plaintiffs-Appellants, v. William Erath & Son, Inc., et al., Second Third-Party Defendants-Respondents.

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

Decided April 15, 2021.

Attorney(s) appearing for the Case

Barry, McTiernan & Wedinger, P.C., New York ( Laurel A. Wedinger , of counsel), for appellants.

Concur—Renwick, J.P., Gische, Moulton, Mendez, JJ.

Because the raised floor over which plaintiff tripped was integral to the work, Industrial Code § 23-1.7(e)(1) is inapplicable (Krzyzanowski v City of New York, 179 A.D.3d 479, 480 [1st Dept 2020]). Accordingly, JT Magen and NFL Enterprises are entitled to summary judgment dismissing the Labor Law § 241(6) claim based on Industrial Code § 23-1.7(e)(1). Because JT Magen did not direct or control the work of Erath & Son, it is entitled to dismissal...

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