Nagel v. D & R Realty Corp.

Summary

The New York Court of Appeals held that Labor Law § 241 (6) does not apply to injuries arising from building maintenance work performed outside the context of construction, demolition, or excavation. Because the plaintiff was injured while conducting a routine two-year elevator safety inspection, his claim based on an Industrial Code slipping-hazard provision was not covered by the statute.

Holdings

1. Labor Law § 241 (6) does not apply to claims arising from building or structure maintenance performed outside the construction, demolition, or excavation context.
2. The Industrial Code's inclusion of maintenance within the definition of construction work must be construed consistently with Labor Law § 241 (6)'s limitation to the construction, demolition, and excavation context; it does not extend the statute to unrelated routine maintenance.

Questions Presented

1. Whether an employee injured while performing a two-year elevator safety inspection may recover under Labor Law § 241 (6).
2. Whether the Industrial Code definition of construction work, which includes maintenance, extends Labor Law § 241 (6) to maintenance work unrelated to construction, demolition, or excavation.

Disposition

affirmed