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KEENAN v. JUST KIDS LEARNING CENTER

297 A.D.2d 708 (2002)

747 N.Y.S.2d 393

MICHAEL J. KEENAN, Appellant, v. JUST KIDS LEARNING CENTER et al., Defendants and Third-Party Plaintiffs-Respondents. PATRICK WRIGHT, Doing Business as PROFESSIONAL ROOFING, et al., Third-Party Defendants-Respondents.

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

Decided September 23, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that to assert an actionable claim under Labor Law § 240 (1), a plaintiff must show that he was injured during "the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure" (Labor Law § 240 [1]; see Martinez v City of New York, 93 N.Y.2d 322, 325; Joblon v Solow,

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