PICCIONE v. 1165 PARK AVENUE INC

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

Patrick PICCIONE, et al., Plaintiffs-Respondents, v. 1165 PARK AVENUE, INC., Defendant-Appellant,

Tamsin Looker, et al., Defendants. Tamsin Looker, et al., Third Party Plaintiffs-Respondents, v. Brown, Harris, Steven, Inc., Third Party Defendant-Appellant.

Decided: February 18, 1999

SULLIVAN, J.P., ELLERIN, LERNER and RUBIN, JJ. Steven Wildstein, for plaintiffs-respondents. Kevin B. Pollak, for defendant-appellant and third party defendant-appellant. James K. O'Sullivan, for third party plaintiffs-respondents.

Orders, Supreme Court, New York County (Richard Braun, J.), entered on or about January 12 and August 3, 1998, which, in an action for personal injuries by a laborer against a building owner and the occupants of a professional apartment in the building, and a third-party action by the apartment occupants against the building owner's maintenance contractor, plaintiff's employer, inter alia, granted plaintiff summary judgment on his cause of action under Labor Law § 240(1) against the building owner, denied summary judgment to the building owner and the maintenance contractor dismissing plaintiff's cause of action under Labor Law § 241(6), and granted the apartment occupants summary judgment on their causes of action for indemnification against the building owner and maintenance contractor, unanimously affirmed, with costs.

 Plaintiff fell and was injured when the ladder on which he was standing while repairing a fluorescent light fixture collapsed.   The repair work consisted of replacing the ballast and sockets, disconnecting the wires, stripping them and reconnecting them.   Such repairs, which entailed much more than merely changing a lightbulb, constituted “repairs” within the meaning of Labor Law § 240(1) and 12 NYCRR 23-1.4(b)(13) (compare, Purdie v. Crestwood Lake Hgts. Section 4 Corp., 229 A.D.2d 523, 525, 646 N.Y.S.2d 815, with Smith v. Shell Oil Co., 85 N.Y.2d 1000, 1002, 630 N.Y.S.2d 962, 654 N.E.2d 1210), and are thus protected under Labor Law § 241(6) as well as § 240(1) (see, Joblon v. Solow, 91 N.Y.2d 457, 466, 672 N.Y.S.2d 286, 695 N.E.2d 237).   Indemnification in favor of the apartment occupants and against the building owner and maintenance contractor was properly granted upon proof establishing that the latter alone controlled and supervised plaintiff's work (see, Kelly v. Diesel Constr., 35 N.Y.2d 1, 358 N.Y.S.2d 685, 315 N.E.2d 751).   Plaintiff's conclusory and unsworn allegations that the floor on which the ladder stood was slippery is insufficient, standing alone, to raise an issue of negligence on the part of the apartment occupants (see, Silver v. Brodsky, 112 A.D.2d 213, 214, 490 N.Y.S.2d 865).

MEMORANDUM DECISION.