Diamond v. TF Cornerstone Inc., 76 Misc. 3d 1210(A), 173 N.Y.S.3d 889 (N.Y. Sup. Ct. 2022)

Not all personal injury accidents involving repair work are applicable to New York Labor Law §241 claims.

An employee of an elevator mechanic company was assigned to repair the freight elevator located within the premises. After he fixed the elevator, he ascended from the staircase to bring his tools back to his base when he slipped on a step of the staircase. He claims that the staircase was not properly lit and the step had a chip in it. The defendants, including ownership, the management company, janitorial company and electrical company, moved to dismiss the plaintiff’s Labor Law §241 claims. The New York Supreme Court, New York County granted the defendants’ motion for summary judgment, dismissing the Labor Law §241 claims because the plaintiff’s work of repairing an elevator did not constitute work being performed in the context of construction, demolition or excavation at the premises. 

 

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