Liability under Labor Law §240(1) is predicated upon the plaintiff’s participation in certain enumerated activities and the failure of owners, contractors and their agents to provide adequate protection against risks arising from physically significant elevation differentials in the performance of these tasks. The covered activities are specified in the statute as “the erection, demolition, repairing, altering, painting, cleaning or pointing … of a building or structure.”
In analyzing the scope of Labor Law§240(1), the courts have excluded “work that does not rise to the level of an enumerated term such as repairing or altering.” Prats v. Port Auth. of New York and New Jersey, 100 N.Y.2d 878, 882 (2003). This excluded work has frequently been categorized as routine maintenance, and is often examined on a case-by-case basis.
Scope of ‘Cleaning’
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