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BEEHNER v. ECKERD CORPORATION

3 N.Y.3d 751 (2004)

821 N.E.2d 941

788 N.Y.S.2d 637

JAMES R. BEEHNER et al., Appellants, v. ECKERD CORPORATION, Respondent.

Court of Appeals of the State of New York.

Decided November 30, 2004.

Attorney(s) appearing for the Case

Alexander & Catalano, LLP, Syracuse (Benjamin C. Rabin of counsel), for appellants.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Gabrielle Mardany Hope of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

The Appellate Division correctly determined that plaintiff's work on the air conditioning unit inside defendant's store constituted "repair" work under Labor Law § 240 (1). The repair work, however, had ended before plaintiff's injury. The activity plaintiff was engaged in at the time of his...

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