ABDUL MUTADIR, plf-ap, v. 80-90 MAIDEN LANE DEL LLC defres

10929. ABDUL MUTADIR, plf-ap, v. 80-90 MAIDEN LANE DEL LLC defres — Kravet Hoefer & Maher, P.C., Bronx (John A. Maher of counsel), for ap — Office of Nicholas C. Katsoris, New York (Emily Pankow of counsel), for res — Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered June 28, 2012, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the complaint, and denied plaintiff’s cross motion for summary judgment on the issue of liability on his Labor Law §240(1) and §241(6) claims, unanimously modified, on the law, to deny defendant’s motion as to the Labor Law §240(1) claim, and to grant plaintiff’s cross motion on such claim, and otherwise affirmed, without costs.

Plaintiff, a carpenter employed by nonparty Gristedes, injured his wrist when the milk crates upon which was standing to install “slot boards” that were to be used to support shelves on the interior walls of the property, shifted and caused him to fall to the ground. Defendants were the owner and managing agent of the property and had entered into a lease with Gristedes, which required Gristedes to convert the premises into a supermarket. Plaintiff alleged that prior to performing his work he unsuccessfully looked for a ladder to use and was directed by the acting foreman to use the milk crates.