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.

Decided December 17, 2009.


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, 1 N.Y.3d 526, 528 [2003]; see Craft

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