Legal Opinion
Bautista v. 165 West End Avenue Associates, L.P.
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 2016No. 109503/08 691 591070/08 590876/10 690Published
1Opinion of the Court
Judgment, Supreme Court, New York County (Debra A. James, J.), entered February 28, 2014, insofar as appealed from as limited by the briefs, dismissing the Labor Law § 241 (6) claim as against defendant 165 West End Avenue Owners Corp. (Owners), unanimously affirmed, without costs.
Plaintiff allegedly was injured when a screw that he was removing in the course of replacing window balances in a cooperative apartment unit “jumped” and struck him in the eye. Plaintiff is correct that his work replacing window balances constitutes “maintenance” pursuant to Industrial Code (12 NYCRR) § 23-1.4 (b)…
2Cases cited2 opinions
- Esposito v. New York City Industrial Development AgencyNew York Court of Appeals · 2003
- Martinez v. Morris Ave. EquitiesAppellate Division of the Supreme Court of the State of New York · 2006