Scaglione v. Riverbay Corp.

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered on or about November 1, 1999, insofar as it denied defendant Riverbay Corporation’s motion to dismiss plaintiffs Labor Law § 240 (1) and § 241 (6) claims, unanimously reversed, on the law, without costs, and the motion granted.

Defendant established its entitlement to summary judgment dismissing plaintiffs Labor Law claims. As we have previously held, the changing of an elevator cable, in the absence of any proof that the elevator was inoperable, does not constitute a repair within the contemplation of Labor Law § 240 (1) and §…