Practice point: A plaintiff is not entitled to the protection of § 241(6) unless the injury happens during construction, excavation or demolition.
Students should note that if the injury happens in the course of remedying a condition plaintiff was charged to amelirorate, there are no § 200 or common-law negligence causes of action..
The case is Montalvo v. New York & Presbyt. Hosp., NY Slip Op 02060 (1st Dept. 2011
Tomorrow's issue is setting aside a verdict.
