Practice point: Routine
maintenance is outside the scope of Labor Law § 240(1). Work constitutes routine maintenance when it involves replacing
components that, in the course of normal wear and tear, require
replacement.
Student
note: To prevail on a cause of action under Labor Law § 240(1), a plaintiff
must establish that the injury occurred while erecting, demolishing, repairing, altering, painting, cleaning, or
pointing a building or structure.
Case: Ferrigno v. Jaghab, Jaghab & Jaghab, P.C., NY Slip Op 05709 (2d Dep't July 19, 2017)
Here is the decision.
Tomorrow's issue: Contract interpretation.
