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DANIEL BARANELLO, JR., Respondent, v. RUDIN MANAGEMENT COMPANY, Appellant.

There is no triable issue of fact as to the nature of the work being conducted at the site; it did not constitute demolition work as required for the application of the relied-upon section of the Industrial Code. "Demolition work" is defined in the Industrial Code ( see 12 NYCRR 23-1.4 [b] [16]) as "[t]he work incidental to or associated with the total or partial dismantling or razing of a building or other structure including the removing or dismantling of machinery or other equipment." As this Court held in Quinlan v. City of New York ( 293 AD2d 262, 263), the removal of a portion of a wall does not constitute demolition work as defined in 12 NYCRR 23-1.4 (b) (16) ( cf. Zuniga v. Stam Realty, 169 Misc 2d 1004, affd 245 AD2d 561), lv denied 91 NY2d 813).

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BARANELLO v. RUDIN MANAGEMENT COMPANY
(Dec 21, 2004)