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SCAGLIONE v. RIVERBAY CORPORATION

279 A.D.2d 254 (2001)

719 N.Y.S.2d 37

ROBERT SCAGLIONE, Respondent, v. RIVERBAY CORPORATION, Appellant, et al., Defendants.

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

Decided January 4, 2001.

Defendant established its entitlement to summary judgment dismissing plaintiff's Labor Law claims. As we have previously held, the changing of an elevator cable, in the absence of any proof that the elevator was inoperable, does not constitute a repair within the contemplation of Labor Law § 240 (1) and § 241 (6) (Molloy v 750 7th Ave. Assocs., 256 A.D.2d 61; see also, Papapietro v Rock-Time, 265...

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