Bauer v. Female Academy of Sacred Heart

We respectfully dissent. In our prior decision (see, 250 AD2d 298), this Court acknowledged that Labor Law § 202 was intended to afford the same protections to persons engaged in the occupation of window cleaning as that provided under Labor Law § 240 to enumerated work*812ers who perform specified activities at elevated heights and, accordingly, a Labor Law § 202 cause of action was mutually exclusive of an action brought under Labor Law § 240. Now the majority concludes that a 1970 amendment to Labor Law § 202 (see, L 1970, ch 822) extinguished its absolute liability protection for window…