Opinion
July 27, 1998
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiffs' contention, the Supreme Court properly dismissed the Labor Law § 240 Lab. (1) cause of action on the basis that the decedent was not engaged in "altering" a structure at the time of the accident (see, Joblon v. Solow, 91 N.Y.2d 457; Kesselbach v. Liberty Haulage, Inc., 182 A.D.2d 741; cf., Malsch v. City of New York, 232 A.D.2d 1).
Thompson, J. P., Krausman, Friedmann and Luciano, JJ., concur.