Labor Law § 240(1) imposes a duty to protect workers engaged in "the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure." While "repair" of a broken or malfunctioning item is among the statute's enumerated activities, "routine maintenance" to prevent malfunction is not covered activity (Esposito v New York City Indus. Dev. Agency,
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SANTIAGO v. FRED-DOUG 117, L.L.C.
1478, 115904/06, 590483/07
68 A.D.3d 555 (2009)
2009 NY Slip Op 9369
891 N.Y.S.2d 59
NELSON SANTIAGO et al., Respondents, v. FRED-DOUG 117, L.L.C., et al., Appellants. (And a Third-Party Action.)
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 17, 2009.
Decided December 17, 2009.
Appellate Division of the Supreme Court of New York, First Department.
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