MICHAEL RUTKOWSKI plf-ap, v. NEW YORK CONVENTION CENTER DEVELOPMENT CORPORATION def-res, FREEMAN DECORATING SERVICES, INC., ET AL., def

2878. MICHAEL RUTKOWSKI plf-ap, v. NEW YORK CONVENTION CENTER DEVELOPMENT CORPORATION def-res, FREEMAN DECORATING SERVICES, INC., ET AL., def — [AND THIRD-PARTY ACTIONS] Finkelstein & Partners, LLP, Newburgh (George M. Levy of counsel), for ap — Hannum, Feretic, Prendergast & Merlino, New York (David P. Feehan of counsel), for res — Order, Supreme Court, New York County (Richard F. Braun, J.), entered October 23, 2015, which, to the extent appealed from as limited by the briefs, granted defendants New York Convention Center Development Corporation, Nielsen Business Media, Inc. and the Nielsen Company (US), LLC’s motion for summary judgment dismissing as against New York Convention Center Development Corporation the Labor Law §240 claim and the Labor Law §241(6) claim insofar as it is predicated on Industrial Code (12 NYCRR)§23-1.8(c)(1), unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff Michael Rutkowski was removing furniture from an exhibition booth at the conclusion of a trade show when a lighting bar simultaneously being removed from the top of the booth by electricians fell and struck him in the head. Since his specific task at the moment the accident occurred was ancillary to and part of the larger demolition job of dismantling the booths, in which he was to participate, plaintiff was engaged in an activity within the purview of Labor Law §§240(1) and 241(6) (see Prats v. Port Auth. of N.Y. & N.J., 100 NY2d 878, 882-883 [2003]; Pino v. Robert Martin Co., 22 AD3d 549 [2d Dept 2005]).