Plaintiff, an employee of a commercial cleaning company that contracted with the J. Crew defendants to provide general daily maintenance services to their store, was injured when he fell off an A-frame ladder while dusting the top of a shelf. The dismissal of the Labor Law § 240 (1) cause of action was proper. The dusting of the shelf constituted routine maintenance and was not the type of activity that is protected under the statute (see Diaz v Applied Digital Data...
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