1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 176 A.D.3d
  5. 176 A.D.3d 553 (2019)
 

TOPOLI v. 77 BLEECKER ST. CORP.

10153, 150062/16.

176 A.D.3d 553 (2019)

108 N.Y.S.3d 847

2019 NY Slip Op 07537

Martin Topoli et al., Respondents, v. 77 Bleecker Street Corp., Respondent-Appellant/Third-Party Plaintiff-Respondent-Appellant, and Greenlight Construction Management Corp., Appellant-Respondent. Rebecca Dixon et al., Third-Party Defendants-Respondents.

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

Decided October 22, 2019.

Attorney(s) appearing for the Case

Carol R. Finocchio, New York (Marie R. Hodukavich of counsel), for appellant-respondent.

Mischel & Horn, P.C., New York (Lauren E. Bryant of counsel), for respondent-appellant.

Lurie, Ilchert, MacDonnell & Ryan, LLP, New York (George W. Ilchert of counsel), for Martin Topoli and Dagmara Topoli, respondents.

Mead, Hecht, Conklin & Gallagher, LLP, White Plains (Elizabeth M. Hecht of counsel), for Rebecca Dixon and Adam Dixon, respondents.

Concur—Acosta, P.J., Richter, Mazzarelli, Webber, Kern, JJ.

Because plaintiff Martin Topoli's work installing window shades at the time of the accident does not constitute "altering" within the meaning of Labor Law § 240(1), that claim is dismissed (Amendola v Rheedlen 125th St., LLC, 105 A.D.3d 426, 426-427 [1st Dept 2013]).

The Labor Law § 241(6) claim is also dismissed, since plaintiff's work is separate and distinct from the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases