Zevallos v. TREECO PLAINVIEW LIMITED PARTNERSHIP
Decision Date | 13 December 1999 |
Citation | 267 A.D.2d 305,700 N.Y.S.2d 194 |
Court | New York Supreme Court — Appellate Division |
Parties | RAUL V. ZEVALLOS et al., Appellants,<BR>v.<BR>TREECO PLAINVIEW LIMITED PARTNERSHIP, Sued Herein as TREECO PLAINVIEW, Defendant and Third-Party Plaintiff-Respondent.<BR>PAMPER WOODBURY DRIVE IN CLEANERS, INC., Third-Party Defendant-Respondent. |
Ritter, J. P., Sullivan, Goldstein and H. Miller, JJ., concur.
Ordered that the respondents are awarded one bill of costs.
The injured plaintiff, Raul V. Zevallos, an employee at a dry cleaners, was assisting one of the owners in trying to locate the source of some electrical sparking. In order to determine whether the electricity had been turned off, he climbed a metal A-frame ladder and when he reached the middle of the ladder, he climbed onto a rack or pipe used to store the dry cleaning since the ladder could not be placed any closer to the electrical junction box. In an attempt to loosen a nut on the junction box, the injured plaintiff grasped an electric conduit to better position himself. As soon as he made contact with the conduit, he received an electric shock. The injured plaintiff then fell to the ground, sustaining injuries as a result of both the electric shock and the fall.
We agree with the Supreme Court that the activity in which the injured plaintiff was engaged at the time he was injured, whether examining a junction box in preparation for changing some wires which had been sparking or investigating the cause of the sparking to determine if future maintenance was necessary, was routine maintenance and does not fall within the ambit of Labor Law § 240 (1) . Thus, the Supreme Court properly granted summary judgment in favor of the defendant dismissing the complaint.
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Zevallos v. Treeco Plainview Ltd. Partnership
...700 N.Y.S.2d 194 ... 1999 N.Y. Slip Op. 10,849 ... Raul V. ZEVALLOS, et al., appellants, ... TREECO PLAINVIEW LIMITED PARTNERSHIP, s/h/a Treeco Plainview, defendant third-party plaintiff-respondent; ... Pamper Woodbury Drive In Cleaners, Inc., third-party defendant-respondent ... Supreme Court, Appellate Division, Second Department, New York ... Dec. 13, 1999 ... Wimpfheimer & Wimpfheimer, New ... ...
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