Militello v. 45 W. 36th St. Realty Corp.

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered August 27, 2003, which, to the extent appealed from as limited by the briefs, granted defendants’ cross motion for summary judgment dismissing the complaint, unanimously modified, on the law, to the extent of denying summary judgment dismissing the Labor Law § 241 (6) claim based on Industrial Code (12 NYCRR) § 23-1.7 (e) (2), and otherwise affirmed, without costs.

Plaintiff injured his hand while installing drywall in a room in a building at 45 West 36th Street in Manhattan. He caught *159his foot on a pipe protruding from the…