Opinion
September 29, 2000.
Appeals from Order of Supreme Court, Erie County, O'Donnell, J. — Summary Judgment.
PRESENT: PIGOTT, JR., P. J., HAYES, HURLBUTT, SCUDDER AND LAWTON, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied that part of defendants' motion for summary judgment dismissing the Labor Law § 240 (1) claim. Defendants failed to establish as a matter of law that plaintiff was injured in the course of performing routine maintenance rather than repairing the sign ( see, Smith v. Shell Oil Co., 85 N.Y.2d 1000, 1002; Izrailev v. Ficarra Furniture of Long Is., 70 N.Y.2d 813, 815).