In Marin v. AP-Amsterdam 1661 Park LLC, 60 AD3d 824, 875 N.Y.S.2d 242 [2d Dept 2009], plaintiff had fully and permanently installed metal brackets to fasten the top of a vertical drain pipe on the exterior of the building and then was installing lower metal brackets at the base of the drain pipe.

One of the fully installed brackets fell from the top and struck plaintiff.

The worker had completed installation of that upper bracket, and had no further work to do to install it; the court therein held that the fallen bracket had become a permanent part of the building and no longer required construction-related securing devices; thus there was no violation of Labor Law § 240(1).