Beehner v. Eckerd Corporation

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

The Appellate Division correctly determined that plaintiffs work on the air conditioning unit inside defendant’s store constituted “repair” work under Labor Law § 240 (1). The repair work, however, had ended before plaintiffs injury. The activity plaintiff was engaged in at the time of his injury—retrieval of serial and model numbers from the unit and postrepair inspection—was not repair work. In Martinez v City of New York (93 NY2d 322…