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BATARAGA v. BURDICK

261 A.D.2d 106 (1999)

689 N.Y.S.2d 86

AUREL BATARAGA et al., Respondents, v. CHRISTOPHER W. BURDICK et al., Respondents, and JEAN CLAUDE RESTAURANT, Appellant. 137 SULLIVAN STREET COMPANY, Third-Party Plaintiff-Respondent, v. 22 RESTAURANT CORP., Third-Party Defendants, and IACO CORP., Doing Business as JEAN CLAUDE RESTAURANT, Third-Party Defendant-Appellant. (And Other Actions.)

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

Decided May 4, 1999.

Plaintiff was injured as he descended the building's fire escape after a cleaning of the restaurant's roof-top exhaust system. We agree with the IAS Court that plaintiff has a cause of action against the restaurant under Labor Law § 240 (1), which encompasses the routine cleaning of a building (see, Bustamante v Chase Manhattan Bank, 241 A.D.2d 327; Buendia v New York Natl. Bank, 223 A.D.2d 456

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