Abad v Brookfield Props. OLP Co. LLC
2021 NY Slip Op 00103 [190 AD3d 471]
January 12, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 3, 2021


[*1]
 Valerio Abad, Appellant,
v
Brookfield Properties OLP Co. LLC et al., Respondents.

Michael H. Zhu, New York, for appellant.

Ahmuty, Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for respondents.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered August 19, 2019, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) cause of action, unanimously affirmed, without costs.

There are triable issues regarding whether the fall of the door was the goal of the demolition work being performed (compare Wilinski v 334 E. 92nd Hous. Dev. Fund Corp., 18 NY3d 1, 11 [2011]; Diaz v Raveh Realty, LLC, 182 AD3d 515 [1st Dept 2020]; Tropea v Tishman Constr. Corp., 172 AD3d 450 [1st Dept 2019]) and whether the door was the type of object that required securing under the statute (compare Outar v City of New York, 5 NY3d 731 [2005]; Diaz, 182 AD3d 515; Ragubir v Gibraltar Mgt. Co., Inc., 146 AD3d 563, 564 [1st Dept 2017], with Salazar v Novalex Contr. Corp., 18 NY3d 134, 139-140 [2011]). Concur—Renwick, J.P., Gische, Kern, Oing, Mendez, JJ.