Opinion
13118 Index No. 303313/13 Case No. 2020-03199
02-16-2021
Noel ESCOBAR, Plaintiff–Appellant, v. MRS II REALTY, LLC, et al., Defendants–Respondents.
William Schwitzer & Associates, P.C., New York ( Howard R. Cohen of counsel), for appellant. Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for respondents.
William Schwitzer & Associates, P.C., New York ( Howard R. Cohen of counsel), for appellant.
Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for respondents.
Gische, J.P., Moulton, Gonza´lez, Scarpulla, JJ.
Judgment, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered January 9, 2020, to the extent appealed from as limited by the briefs, dismissing the Labor Law § 240(1) claim, unanimously affirmed, without costs.
Plaintiff seeks to recover for injuries he sustained when he fell from a ladder while removing snow from a sign and tiled awning over his employer's grocery store. His Labor Law § 240(1) claim against the owner and manager of the building were correctly dismissed because his activity did not constitute "cleaning" under the Labor Law, but rather routine maintenance ( see Soto v. J. Crew Inc., 21 N.Y.3d 562, 568, 976 N.Y.S.2d 421, 998 N.E.2d 1045 [2013] ; see also Torres v. St. Francis Coll., 129 A.D.3d 1058, 13 N.Y.S.3d 148 [2d Dept. 2015] ; Berardi v. Coney Is. Ave. Realty, LLC, 31 A.D.3d 590, 819 N.Y.S.2d 298 [2d Dept. 2006] ).