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CABAN v. 1691 FULTON AVE. HOUS. DEV. FUND CORP.

Index No. 26335/15E. Appeal No. 14906. Case No. 2019-4699.

200 A.D.3d 593 (2021)

155 N.Y.S.3d 765

2021 NY Slip Op 07499

Eliezer Caban, Appellant, v. 1691 Fulton Avenue Housing Development Fund Corporation et al., Respondents.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Jaroslawicz & Jaros PLLC, New York ( David Tolchin of counsel), for appellant.

Perry, Van Etten, Rozanski & Kutner, LLP, New York ( Jessica J. Beauvais of counsel), for respondents.

Concur—Kern, J.P., Mendez, Shulman, Higgitt, JJ.

Plaintiff's limited task of replacing a ballast in a light fixture constitutes routine maintenance and thus is not covered by Labor Law § 240(1) (see Monaghan v 540 Inv. Land Co. LLC, 66 A.D.3d 605, 605 [1st Dept 2009]).

Labor Law § 241(6) is inapplicable to plaintiff's claim because his work was unrelated to construction, excavation, or demolition (see Esposito v...

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