Bennion v. Goodyear Tire & Rubber Co.

Doerr and Boehm, JJ. (dissenting in part).

We agree with the majority that Supreme Court properly dismissed the Labor Law § 241 (6) cause of action. We respectfully dissent, however, from the majority’s determination that plaintiff is entitled to recover under Labor Law § 240 (1). Plaintiff’s installation of

*1004the collar on flexible duct work on the existing duct work in the warehouse building constitutes an alteration or repair of the structure, which is an enumerated activity under Labor Law § 240 (1) (see, Savigny v Marrano/ Marc Equity Corp., 221 AD2d 942; Kinsler v Lu-Four Assocs., 215 AD2d…