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Jose A. Soto, Appellant v. J. Crew Inc., et al., Respondents

VICTORIA A. GRAFFEO, J:

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VICTORIA A. GRAFFEO, J:

Plaintiff, an employee of a commercial cleaning company hired to provide janitorial services for a retail store, was injured when he fell from a four-foot-tall ladder while dusting a six-foot-high display shelf. He brought a Labor Law §240(1) action against J. Crew, the retail store, and The Mercer I LLC, the building owner. Both lower courts held that defendants were entitled to summary judgment because the activity plaintiff was engaged in at the time of his fall was not the type of “cleaning” covered by Labor Law §240(1). Because we agree, we now affirm.

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