Becker v. Clearview Acres, Ltd. , 656 N.Y.S.2d 1001 ( 1997 )


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  • Order affirmed without costs. Memorandum: Jonathan E. Becker (plaintiff), an employee of third-party defendant, Utica Alloys, Inc., sustained injuries when he fell from the top of a degreaser machine located in a plant owned by defendant, Clearview Acres, Ltd. Supreme Court properly granted the cross motions of defendant and third-party defendant for partial summary judgment dismissing the Labor Law § 240 (1) cause of action. At the time of the accident, plaintiff was engaged in the removal of a spiral unit from inside the degreaser machine so that leaks that had developed in the steam coil could be welded. Consequently, Labor Law § 240 (1) does not apply here because plaintiff was engaged in routine maintenance in a non-construction, non-renovation context (see, Smith v Shell Oil Co., 85 NY2d 1000, 1002; Rennoldson v Volpe Realty Corp., 216 AD2d 912, lv dismissed 86 NY2d 837).

    All concur except Fallon, J., who dissents and votes to reverse in the following Memorandum.

Document Info

Citation Numbers: 237 A.D.2d 926, 656 N.Y.S.2d 1001

Judges: Fallon

Filed Date: 3/14/1997

Precedential Status: Precedential

Modified Date: 1/13/2022