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ESCOBAR v. MRS II REALTY, LLC

Index No. 303313/13. Appeal No. 13118. Case No. 2020-03199.

191 A.D.3d 523 (2021)

138 N.Y.S.3d 330

2021 NY Slip Op 00992

Noel Escobar, Appellant, v. MRS II Realty, LLC, et al., Respondents.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York ( Howard R. Cohen of counsel), for appellant.

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for respondents.

Concur—Gische, J.P., Moulton, González, Scarpulla, JJ.

Plaintiff seeks to recover for injuries he sustained when he fell from a ladder while removing snow from a sign and tiled awning over his employer's grocery store. His Labor Law § 240(1) claim against the owner and manager of the building were correctly dismissed because his activity did not constitute "cleaning" under the Labor Law, but rather routine maintenance (see Soto v J. Crew Inc., 21 N.Y.3d...

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