Baranello v. Rudin Management Co.

Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered November 7, 2003, which, to the extent appealed from, denied defendant’s motion to dismiss plaintiff’s claim under Labor Law § 241 (6) based on Industrial Code (12 NYCRR) § 23-3.3, unanimously reversed, on the law, without costs, the motion granted, and the claim dismissed.

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…