Plaintiff's Labor Law § 241 (6) claim was properly dismissed since the work he was performing at the time of the alleged accident, i.e., repairing a window in an existing apartment, constituted maintenance, not construction, demolition or excavation of a building or structure. Likewise, the grant of summary judgment dismissing the common-law negligence claim against Morris, the owner of the building in which the alleged hazard was situated, was appropriate since the...
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