Bauer v. Female Academy of the Sacred Heart

(dissenting.) As the majority noted, the Court of Appeals has expressly declined to address whether Labor Law § 202 provides the exclusive remedy in cases involving the cleaning of windows (see, Brown v Christopher St. Owners Corp., 87 NY2d 938, 939; see also, Terry v Young Men’s Hebrew Assn., 78 NY2d 978, 979). We believe that the factual circumstances presented by a particular case might warrant the application of the protections afforded by Labor Law § 240 (1) where the activity engaged in may not constitute “cleaning” within the meaning of Labor Law § 202 (see, Vernum v Zilka, 241 AD2d…