In a unanimous decision dated March 31, 2016, the New York State Appellate Division, First Department affirmed the dismissal of the plaintiff’s Labor Law §241(6) claim against our clients, 165 West End Avenue Condominium and 165 West End Avenue Owners Corp. The plaintiff sought damages for personal injuries allegedly sustained when a screw struck his eye while he was replacing window balances within a cooperative apartment unit. In affirming the lower court’s dismissal of the complaint, the Court held that because plaintiff was not performing work in the context of construction, demolition or excavation, his Labor Law §241(6) claim was properly dismissed.
Bautista v. 165 West End Avenue Associates, L.P. et al., 137 A.D.3d 714, 27 N.Y.S.3d 384 (1st Dep’t 2016)
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