Practice point: There is a statutory duty to protect workers engaged in, among other things, the repair of a building or structure, pursuant to § 240(1).
Practitioners should note that routine maintenance in order to prevent a malfunction is not a covered activity.
Case: Santiago v. Fred-Doug 117, L.L.C., NY Slip Op 09369 (1st Dept. 2009)
The opinion is here.
Monday’s issue: Motion practice.
