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FISCHETTO v. LB 745 LLC, YORK

43 A.D.3d 810 (2007)

842 N.Y.S.2d 429

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

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

Decided September 27, 2007.

The motion court dismissed the section 240 (1) claim on the ground that the cleaning work plaintiff was performing at the time of his fall was routine maintenance and was not incidental to construction, demolition or repair work, and did not involve a significant alteration to the premises. However, this is not the "crucial consideration under section 240 (1)" (Broggy v Rockefeller Group, Inc., 8 N.Y.3d 675, 681 [2007]). "Rather...

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