Nagel v. D & R Realty Corp.

—Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about September 8, 2000, which, in an action for personal injuries under Labor Law § 241 (6) by a laborer against a building owner, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We reject plaintiffs argument that the two-year safety test he was performing on the elevator in defendant’s building when he was injured, is covered by Labor Law § 241 (6). Indeed, he acknowledges it was in the nature of routine preventive maintenance. Although the definition of…