Majority
Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered December 8, 2014, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the Labor Law § 240 (1) claim, unanimously affirmed, without costs.
Dismissal of the Labor Law § 240 (1) claim was proper in this action where plaintiff Seamus Lannon was injured when he fell from a two-story building while installing flag holders on the exterior of defendants’ building facade. The record establishes that plaintiff was not engaged in a protected activity under Labor Law § 240 (1) at the time of his accident. Plaintiff testified that the installation of the three flag holder brackets entailed marking the location of the screws, drilling three holes for each bracket, placing plastic fasteners in the holes, and attaching each flag holder with three screws to hold it in place. Such work did not constitute “altering” since it did not result in a “significant physical change” to the building’s
Concur — Mazzarelli, J.P., Friedman, Sweeny and Manzanet-Daniels, JJ.
Cases cited
- Joblon v. Solow 91 NY2d 457 at 465 p. 529
- Amendola v. Rheedlen 125th Street, LLC 105 AD3d 426 p. 529
- Bodtman v. Living Manor Love, Inc. 105 AD3d 434 p. 529
- Anderson v. Schwartz 24 AD3d 234 p. 529