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LYNCH v. ABAX, INC.

268 A.D.2d 366 (2000)

702 N.Y.S.2d 271

JOHN LYNCH et al., Appellants, v. ABAX, INC., et al., Respondents, et al., Defendant.

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

Decided January 25, 2000.

Plaintiff, employed by a building that was undergoing renovation work, was injured when a heated aerosol can, which had been left on steam pipes in the building's mechanical room, was handled by him, dropped, and exploded upon hitting the floor. Plaintiff's claims under section 241 (6) were properly dismissed on the ground that he was not engaged in construction work at the time of his injury, but rather was performing a routine...

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