DI GIULIO v. MIGLIORE WNY (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Michael DI GIULIO, Respondent-Appellant, v. Michael MIGLIORE, d/b/a Mig's Sports Pub-Mig of WNY, and Benderson Development Company, Inc., Appellants-Respondents.

Decided: February 10, 1999

PRESENT: DENMAN, P.J., PINE, PIGOTT, Jr., CALLAHAN and BALIO, JJ.

Law Offices of Quackenbush by H. Ward, Buffalo, for Defendants-Appellants-Respondents. Agate & Rosche, Snyder, for Plaintiff-Respondent-Appellant.

Supreme Court properly granted that part of plaintiff's motion seeking partial summary judgment on liability pursuant to Labor Law § 240(1). Plaintiff, who was injured when he fell from a ladder while tuning a satellite dish assembly and running cable into the building to connect it to the receiver, was engaged in “altering” a building or structure within the meaning of Labor Law § 240(1). That work involved “ ‘making a significant physical change to the configuration or composition of the building or structure,’ not a simple, routine activity” (Weininger v. Hagedorn & Co., 91 N.Y.2d 958, 960, 672 N.Y.S.2d 840, 695 N.E.2d 709, rearg. denied 92 N.Y.2d 875, 677 N.Y.S.2d 777, 700 N.E.2d 317, quoting Joblon v. Solow, 91 N.Y.2d 457, 465, 672 N.Y.S.2d 286, 695 N.E.2d 237; see, Malsch v. City of N. Y., 232 A.D.2d 1, 4, 662 N.Y.S.2d 458; Atwell v. Mountain Ltd., 184 A.D.2d 1065, 584 N.Y.S.2d 255).

Order unanimously affirmed with costs to plaintiff.

MEMORANDUM:

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