After performing repairs in the fan room on the roof of defendants' building, plaintiff, while on his way back into the building, tripped and fell over water condenser pipes permanently attached to the roof and 2½ feet off the ground. Plaintiff's Labor Law § 240 (1) cause of action was properly dismissed since plaintiff did not use the pipes in the performance of the repair work in the fan room, and indeed could have avoided the pipes altogether by taking alternate...
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