Barnes v City of New York

Barnes v City of New York 2010 NY Slip Op 07268 [77 AD3d 481] October 14, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

George Barnes et al., Appellants,
v
City of New York, Respondent.

—[*1] Law Offices of Lawrence Perry Biondi, Garden City (Lisa M. Comeau of counsel), for appellants.

Sullivan & Brill, LLP, New York (Joseph F. Sullivan of counsel), for respondent.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered May 11, 2009, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was proper since plaintiff's work, which consisted of disconnecting power cables from the third rail to allow a signal construction project to proceed safely, was a separate phase of work, distinct from any construction and thus, not a covered activity under Labor Law § 241 (6) (see Nagel v D & R Realty Corp., 99 NY2d 98 [2002]; Caban v Maria Estela Houses I Assoc., L.P., 63 AD3d 639 [2009]). Concur—Friedman, J.P., Nardelli, DeGrasse, Freedman and Manzanet-Daniels, JJ.