ROTH v. LENOX TERRACE ASSOC.

2797, 151854/13.

146 A.D.3d 608 (2017)

2017 NY Slip Op 00402

44 N.Y.S.3d 763

JOEL ROTH, Appellant, et al., Plaintiff, v. LENOX TERRACE ASSOCIATES et al., Respondents.

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

Decided January 19, 2017.


Issues of fact exist as to whether plaintiff was performing routine maintenance, which would not implicate the protections of Labor Law § 240 (1), or a repair within the meaning of the statute (see Santiago v Fred-Doug 117, L.L.C., 68 A.D.3d 555 [1st Dept 2009]), when he diagnosed an air conditioning unit's malfunction, and replaced a component part. Although plaintiff testified that the compressor contactor malfunctioned due...

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