NAGEL v. D & R REALTY CORP.


288 A.D.2d 121 (2001)

733 N.Y.S.2d 389

BRUCE NAGEL et al., Appellants, v. D & R REALTY CORP., Respondent.

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

Decided November 20, 2001.


We reject plaintiff's argument that the two-year safety test he was performing on the elevator in defendant's building when he was injured, is covered by Labor Law § 241 (6). Indeed, he acknowledges it was in the nature of routine preventive maintenance. Although the definition of what constitutes "construction * * * work" under section 241 (6) includes "maintenance" (12 NYCRR 23-1.4 [b] [13]; see, Joblon v Solow, 91 N.Y.2d 457

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