Banner V. Rockland Home for the Aged Hous. Dev. Fund Co., Inc.

129 A.D.3d 641 (1st Dept. 2015) June 30, 2015

The plaintiff was injured while attempting to climb out of an elevator pit without using a pit ladder. Prior to attempting to climb out of the elevator pit, he was in the process of tightening bolts and replenishing oil, which he testified was an ordinary occurrence in hydraulic elevators. The court held that the work the plaintiff was engaged in was routine maintenance not entitled to the protections of Labor Law §240(1) and dismissed the action.

Practice Note: Labor Law §240(1) only provides protection to certain enumerated activities, which do not include routine maintenance.

Topics: Application of Labor Law; Routine Maintenance