Opinion
May 10, 1999
Appeals from Order of Supreme Court, Erie County, Mahoney, J. Summary Judgment.
PRESENT: DENMAN, P. J., PINE, PIGOTT, JR., CALLAHAN AND BALIO, JJ.
Order unanimously affirmed with costs to plaintiff. Memorandum: Supreme Court properly granted that part of plaintiff's motion seeking partial summary judgment on liability pursuant to Labor Law § 240 Lab. (1). Plaintiff, who was injured when he fell from a ladder while tuning a satellite dish assembly and running cable into the building to connect it to the receiver, was engaged in "altering" a building or structure within the meaning of Labor Law § 240 Lab. (1). That work involved "`making a significant physical change to the configuration or composition of the building or structure,' not a simple, routine activity" ( Weininger v. Hagedorn Co., 91 N.Y.2d 958, 960, rearg denied 92 N.Y.2d 875, quoting Joblon v. Solow, 91 N.Y.2d 457, 465; see, Malsch v. City of N.Y., 232 A.D.2d 1, 4; Atwell v. Mountain Ltd., 184 A.D.2d 1065).