GARCIA-ROSALES v. BAIS ROCHEL RESORT

2011-08710.

100 A.D.3d 687 (2012)

954 N.Y.S.2d 148

ERNESTO GARCIA-ROSALES, Appellant, v. BAIS ROCHEL RESORT et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

November 14, 2012.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law dismissing the cause of action alleging violations of Labor Law § 240 (1) by showing that the plaintiff's accident did not occur while he was engaged in an activity enumerated in Labor Law § 240 (1), but rather, occurred while he was performing routine maintenance (see Owens v City of New York...

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