CROCE v. CITY OF NEW YORK

Plaintiff, a Transit Authority employee, alleges that he fell off a ladder while attaching a three-by-five-foot bulletin board to the wall of a subway station locker room owned by defendant City. The motion court correctly held that such work did not involve "making a significant physical change to the configuration or composition of the building or structure," and therefore did not constitute "altering" within the meaning of Labor Law § 240(1) (Joblon v. Solow, 91 N.Y.2d 457, 465;compare, Futterman v. Rela Realty Corp., 283 A.D.2d 261, with Catoliato v. Sam's Club, 254 A.D.2d 62, lv dismissed 93 N.Y.2d 888).

Plaintiff's claims based on Labor Law § 241(6) should also have been dismissed since plaintiff was not performing any of the tasks enumerated in Rule 23 of the Industrial Code ( 12 NYCRR 23-1.4 [b][13]) when he was injured (see, Joblon, supra, at 466).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.