BUENDIA v. NEW YORK NAT'L BANK


223 A.D.2d 456 (1996)

637 N.Y.S.2d 70

Ricardo Buendia, Respondent, v. New York National Bank, Appellant and Third-Party Plaintiff-Appellant-Respondent, et al., Defendants. Scalon Cleaning Services, Inc., Third-Party Defendant-Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 23, 1996


As the IAS Court pointed out, the plain language of Labor Law § 240 (1), which simply refers to the "cleaning * * * of a building", reveals the lack of merit to the contention that routine maintenance cleaning not incidental to structural construction, repair or alteration, such as plaintiff was performing before falling off a ladder, is not a protected activity (cf., e.g., Terry v Young Men's Hebrew Assn., 168 A.D.2d 399

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