Hettich v. 125 East 50th Street Co., LLC

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered October 1, 2012, which, to the extent appealed from, granted defendants’ motion for summary judgment dismissing the complaint, and denied plaintiffs motion for summary judgment on liability, unanimously modified, on the law, to deny defendants’ motion, and otherwise affirmed, without costs.

Plaintiff was not injured by a dangerous condition that he had undertaken to fix (see Wray v 654 Madison Ave. Assoc., 253 AD2d 394 [1st Dept 1998]). He was working on the replacement of a controller for a dumbwaiter; he was injured when…