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GASTON v. THE TRUSTEES OF COLUMBIA UNIVERSITY

Index No. 154124/14. Appeal No. 12908. Case No. 2019-5096.

190 A.D.3d 551 (2021)

136 N.Y.S.3d 712

2021 NY Slip Op 00254

Wilton Gaston, Appellant-Respondent, v. The Trustees of Columbia University in the City of New York et al., Respondents-Appellants.

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

Decided January 19, 2021.

Attorney(s) appearing for the Case

Pontisakos & Brandman, PC, Garden City ( Elizabeth Mark Meyerson of counsel), for appellant-respondent.

Cullen and Dykman LLP, New York ( Diana Neyman of counsel), for respondents-appellants.

Concur—Gische, J.P., Oing, Moulton, Mendez, JJ.

Labor Law §§ 240(1) and 241(6) do not cover workers engaged in routine maintenance (see Esposito v New York City Indus. Dev. Agency, 1 N.Y.3d 526, 528 [2003]). The determination of whether a worker was engaged in a covered activity is not made at the moment of injury, but in the context of the entire project (see Prats v Port Auth. of N.Y. & N.J., 100 N.Y.2d 878 [2003]). While...

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