Patching Elevated Gutter Pipe Not Within Purview of Labor Law §§ 240(1) and 241(6)

In Azad v. 270 5th Realty Corp, 2007 NY Slip Op 10086, AD Index 2007-04164 (Kings Co. Index Index 7390/05), the plaintiff was injured while he repaired two holes in a gutter pipe approximately 35 feet up on the outside of a building owned by the defendant. Specifically, plaintiff fell when his ladder, that plaintiff placed on top of garbage, shifted. In reversing the trial court’s decision that had granted plaintff summary judgment on his Labor Law §§240(1) and 241(6) claims and awarding summary judgment to the defendant landowner, the Appellate Division – Second Department determined plaintiff was not performing any of the protected activities enumerated under Labor Law § 240(1), but was merely performing “routine maintenance.” Similarly, the Appellate Court found plaintiff’s work was not construction, excavation or demolition work and therefore and did not qualify for a Labor Law §241(6) claim.