FISCHETTO v. LB 745 LLC


36 A.D.3d 538 (2007)

829 N.Y.S.2d 54

ROY FISCHETTO et al., Appellants, v. LB 745 LLC, Respondent.

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

Decided January 25, 2007.


The section 240 (1) claim was properly dismissed as the cleaning work plaintiff was performing at the time of his fall was not incidental to construction, demolition or repair work, and did not involve a significant alteration to the premises (see Broggy v Rockefeller Group, Inc., 30 A.D.3d 204 [2006]). The section 200 claim was properly dismissed because the alleged dangerous condition arose from plaintiff's employer's methods over...

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