Opinion
March 2, 2000
Judgment, Supreme Court, New York County (Edward Lehner, J.), entered June 16, 1999, which, upon the prior grant of defendants' motions for summary judgment, dismissed the complaint in this action to recover for personal injuries pursuant to Labor Law § 240(1) and 241(6), unanimously affirmed, without costs.
David M. Schwarz, for Plaintiffs-Appellants.
James K. O'Sullivan and Anthony Xanthakis, for Defendants-Respondents.
SULLIVAN, P.J., ROSENBERGER, MAZZARELLI, ANDRIAS, JJ.
We affirm the dismissal of the complaint upon the ground that the work performed by plaintiff at the time of his accident was merely a routine repair of a telephone line and did not constitute "the erection, demolition, repairing, altering, painting, cleaning or pointing of a building" within the meaning of Labor Law § 240(1) or "constructing or demolishing buildings" within the meaning ofLabor Law § 241(6) so as to bring plaintiff within the protective ambit of those statutes (see, Joblon v. Solow, 91 N.Y.2d 457;Cosentino v. Long Island R.R., 201 A.D.2d 528).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.