STADTMULLER v. METROPOLITAN LIFE INSURANCE CO.


271 A.D.2d 361 (2000)

707 N.Y.S.2d 158

JEROME STADTMULLER et al., Appellants, v. METROPOLITAN LIFE INSURANCE CO. et al., Respondents.

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

Decided April 25, 2000.


Plaintiff's Labor Law § 240 (1) claim was properly dismissed because he was not, as he claimed, "altering" the building at the time of his fall from a ladder. Plaintiff's replacement of an air filter and chemical media modules on an air-purification unit was part of the routine, quarterly maintenance recommended by the manufacturer and was not performed as part of construction or renovation work. Since the unit was neither inoperable nor malfunctioning, it cannot be...

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