Lewis Johs Partner Michael T. Colavecchio obtained a summary judgment dismissal of a New York State Labor Law 240 case on behalf of his clients, a grocery store tenant and the landlord. In the Supreme Court Upstate New York County case, plaintiff claims to have suffered injuries when he fell from a ladder while climbing to the roof of the defendants’ building in order to repair a malfunctioning HVAC system.
Mr. Colavecchio moved for summary judgment, arguing that the work performed by the plaintiff, which constituted replacement of component parts of a larger system, constituted routine maintenance under the Labor Law. Plaintiff opposed, contending that the work constituted a repair, rendering it covered under section 240. The court concurred with Mr. Colavecchio’s position and granted summary judgment.