Roth v. Lenox Terrace Associates

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered September 17, 2015, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing plaintiff Joel Roth’s Labor Law § 240 (1) claim, unanimously reversed, on the law, without costs, and the motion denied.

Issues of fact exist as to whether plaintiff was performing routine maintenance, which would not implicate the protections of Labor Law § 240 (1), or a repair within the meaning of the statute (see Santiago v Fred-Doug 117, L.L.C., 68 AD3d 555 [1st Dept 2009]), when…