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DONNELLY v. TREELINE COMPANIES

13 A.D.3d 143 (2004)

785 N.Y.S.2d 691

DARYA DONNELLY, Appellant-Respondent, v. THE TREELINE COMPANIES et al., Respondents-Appellants, and COMMERCIAL BUILDING MAINTENANCE CORP., Appellant-Respondent. (And Other Actions.).

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

December 14, 2004.

Since the accident resulting in the death of plaintiff's decedent, which occurred during repair of an elevator owned, operated and maintained by defendants, did not occur in the context of construction, demolition or excavation, the claim under Labor Law § 241 (6) is precluded (Nagel v D & R Realty Corp., 99 N.Y.2d 98 [2002]; see also Peluso v 69 Tiemann Owners Corp., 301 A.D.2d 360

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