Opinion
March 27, 2001
April 23, 2001
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 8, 2000, which denied his motion for summary judgment on the issue of liability based on Labor Law § 240 (1) and, upon searching the record, granted summary judgment to the defendant dismissing the complaint.
Rovegno Taylor, P.C., Forest Hills, N.Y. (Robert P. Rovegno of counsel), for appellant.
DeCicco, Gibbons McNamara, P.C., New York, N.Y. (Andrew P. Zotos and Daniel D. Flynn of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, LEO F. McGINITY, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The work performed by the plaintiff, which involved replacing gaskets on a steam valve, did not constitute repair work encompassed by Labor Law § 240 (1) ( see, Jehle v. Adams Hotel Assocs., 264 A.D.2d 354; Urbano v. Plaza Materials Corp., 262 A.D.2d 307; see also, Koch v. E. C.H. Holding Corp., 248 A.D.2d 510, 511). Accordingly, the Supreme Court, upon searching the record, properly granted summary judgment to the defendant dismissing the complaint.