Nakis v. Apple Computer, Inc.

OPINION OF THE COURT

Edward H. Lehner, J.

On the various motions by defendants for summary judgment dismissing the action as against them, I am faced with determining a constantly recurring issue in cases under the Labor Law as to whether the work plaintiff was performing at the time of his injury was “routine maintenance” and thus not covered by Labor Law § 240 (1), or a “repair,” which is one of the enumerated activities set forth in the section,* as well as determining the question, that has been raised in several cases, as to whether a fall from a nondefective ladder caused by an electric…