Opinion
March 31, 1999
Appeals from Order of Supreme Court, Erie County, Rath, Jr., J. — Summary Judgment.
Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting plaintiffs' motion to renew although plaintiff's offered no explanation for their failure to submit certain documents at the time of the original motions and cross motion ( see, Lesanti v. Harmac. Indus., 175 A.D.2d 664). Upon renewal, the court properly concluded that a factual issue exists whether plaintiff Joseph Gonzalez, who was dismantling air conditioning ductwork in the computer room of a bank, was engaged in demolition work, as that term is defined in 12 NYCRR 23-1.4(b)(16) ( cf., Casale v. Washington Mills Electro Mm. Corp., 216 A.D.2d 881, 882). Plaintiff's allege that defendants violated 12 NYCRR 23-3.3 (e), which is sufficiently specific to support a cause of action under Labor Law § 241 Lab.(6) ( see generally, Jackson v. Williamsville Cent. School Dist., 229 A.D.2d 985, 986). Consequently, those portions of the motions and cross motion for summary judgment dismissing the Labor Law § 241 Lab.(6) cause of action were properly denied upon renewal.
Present — Hayes, J. P., Wisner, Pigott, Jr., Scudder and Callahan, JJ.