CAMPOVERDE v. LIBERTY LLC

The City of New York's Department of Environmental Protection (DEP), not appellant owner, evacuated appellant's lower Manhattan building, solicited bids for decontamination work in the wake of the terrorist attack on September 11, 2001, hired plaintiff's employer ETS Contracting, Inc., an asbestos removal contractor, and was in charge of the environmental cleanup of the building. No one, other than the DEP's personnel or their contractors' workers, was allowed on the premises. Therefore, appellant may not be subjected to liability as an owner under Labor Law § 240 (1) ( see Abbatiello v Lancaster Studio Assoc., 3 NY3d 46, 51-52 [2004]) or § 241 (6) ( see Ahmed v Momart Discount Store, Ltd., 31 AD3d 307; Ceballos v Kaufman, 249 AD2d 40).

Appellant is not aggrieved by those portions of the order which granted the cross motion of respondents' Liberty, LLC and Steven Elghanayan and dismissed as moot the third-party complaint and counterclaims.