New York Associate Christine Varghese achieved summary judgment for a New York construction client in the New York Supreme Court.
The Plaintiff, an elevator technician, was working on an elevator in connection with a renovation of a building, when he fell while stepping down and alleges to have fell 8-10 feet into a hole sustaining serious injury.
With respect to the putative Labor Law 240(1), Christine argued Plaintiff’s work as a technician was not sufficiently connected to an “alteration” such that his task the day of his accident falls within the scope of Labor Law 240(1).
Additionally, Christine argued in regards to Labor Law 241(6), Plaintiff’s task was not connected to any construction, demolition, or excavation of a building or structure and therefore not within the statute’s coverage. Plaintiff’s employer was not engaged under a contract to perform work related to the renovation or construction of the building but had a maintenance agreement with the building, and Plaintiff did not have any involvement with the building renovation beyond the one task that led to his accident.
The Court agreed with these analyses and dismissed both Plaintiff’s Labor Law 240(1) and 241(6) claim.