Opinion
March 5, 1998
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
During his employment as a photographer's assistant at defendant's studio, plaintiff fell off a ladder while adjusting a paper backdrop and was injured. In this action, he seeks to recover from defendant for his injuries, alleging, inter alia, that he comes within the protective ambit of Labor Law § 240(1), which imposes a nondelegable duty upon owners and general contractors to furnish appropriate safety devices to workers during the "erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure" (ibid.). Plaintiff, however, at the time of his fall, was not engaged in altering or repairing a building or structure and, accordingly, does not come within the cited statute's protection (see, Tanzer v. Terzi Prods., 244 A.D.2d 224).
We have reviewed plaintiff's remaining contentions and find them to be without merit.
Concur — Sullivan, J. P., Milonas, Williams, Andrias and Saxe, JJ.