Opinion
January 4, 2001.
Order, Supreme Court, Bronx County (Yvonne Gonzalez J.), entered on or about November 1, 1999, insofar as it denied defendant Riverbay Corporation's motion to dismiss plaintiff's Labor Law §§ 240(1) and 241(6) claims, unanimously reversed, on the law, without costs, and the motion granted.
Michael S. Bender, for Plaintiff-Respondent.
Richard S. Kaye, for Defendant-Appellant.
Before: Mazzarelli, J.P., Lerner, Buckley, Friedman, JJ.
Defendant established its entitlement to summary judgment dismissing plaintiff's Labor Law claims. As we have previously held, the changing of an elevator cable, in the absence of any proof that the elevator was inoperable, does not constitute a repair within the contemplation of Labor Law §§ 240(1) and 241(6) (Molloy v. 7507th Avenue Associates, 256 A.D.2d 61; see also, Papapietro v. Rock Time, Inc., 265 A.D.2d 174;Carr v. Jacob Pearl Associates, 201 A.D.2d 296; Wilson v. City of New York, 903 F. Supp. 553, affd 89 F.3d 32). The fact that maintenance on the cable may have been warranted because it showed signs of wear does not alter this conclusion (id.).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.