Kaferstein v. J.P. Morgan Chase & Co.

*1079OPINION OF THE COURT

Edward H. Lehner, J.

The basic legal issue presented on the pending motions regarding plaintiffs claim under Labor Law § 240 (1) is whether the section applies when the plaintiff, who was positioned on the sidewalk, injured his arm when lowering a pipe into the basement of the abutting building.

Before me are motions for summary judgment by: (i) defendants to dismiss the complaint; (ii) third-party defendant General Plumbing Corp. to dismiss plaintiffs claim under Labor Law § 240 (1); and (iii) plaintiff on liability based on his claims against defendants under Labor Law §…