Plaintiffs' decedent, a supervising engineer at Brooklyn's Woodhull Hospital, was investigating a missing fan belt in the heating and cooling system, when he fell 30 feet from a narrow beam between two catwalks.

Plaintiffs commenced an action against decedent's employer, New York City Health and Hospitals Corporation, and the City of New York, alleging, among other things, violations of Labor Law §§ 240(1) and 241(6).

The Second Department found that decedent was injured doing routine maintenance involving the replacement of a missing component, and not while involved in the "erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure," so as to fall within the protective ambit of § 240(1), in English v. City of New York, which was decided on September 4, 2007.

In addition, the court found § 241(6) inapplicable, since decedent was not working in a construction area, and the accident did not occur in connection with construction, demolition, or excavation work.