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MOLLOY v. 750 7TH AVENUE ASSOCIATES

256 A.D.2d 61 (1998)

681 N.Y.S.2d 253

JAMES MOLLOY, Appellant, v. 750 7TH AVENUE ASSOCIATES, Respondent.

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

Decided December 8, 1998.

We agree with the motion court that plaintiff's work changing elevator contacts and cables, putting new chips in computer boards and painting and cleaning the elevator motor room was mere routine maintenance activity and, as such, not akin to the significant structural work involved in Joblon v Solow (91 N.Y.2d 457), and, accordingly, did not function to bring plaintiff within the protective ambit of Labor Law § 241 (6). However...

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