In a decision dated January 7, 2014, Justice Debra A. James granted the summary judgment motions of 165 West End Avenue Condominium (“Condominium”) and 165 West End Avenue Owners Corp. dismissing the plaintiff’s complaint against them, including a cause of action for alleged violations of Labor Law § 241(6). The plaintiff sought damages for personal injuries sustained when a screw allegedly “jumped out” and struck his eye while he was working on a window refurbishment project in the residential building at 165 West End Avenue. In dismissing the complaint, the Court found that the Condominium was not an “owner” and therefore was not subject to the Labor Law. The Court further held that Labor Law § 241(6) was inapplicable to the facts of the case because the plaintiff’s work – refurbishing a window in an existing apartment – constituted “maintenance” and not “construction, excavation or demolition” within the meaning of the statute.
Bautista v. 165 West End Avenue Associates, L.P., et al., Index No. 109503/08 (N.Y. Co. Sup. Ct., Jan. 7, 2014)