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MONAGHAN v. 540 INVESTMENT LAND CO

Appellate Division of the Supreme Court of New York, First Department.
Oct 29, 2009
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Plaintiff was engaged in routine maintenance when he fell from a ladder while attempting the limited task of removing a ballast from a fluorescent light fixture ( compare Piccione v 1165 Park Ave., 258 AD2d 357, 357 [the plaintiff's work "entailed much more than merely changing a lightbulb"], lv dismissed 93 NY2d 957, and Caban v Maria Estela Houses I Assoc, L.P., 63 AD3d 639, 640 [same]). Plaintiff routinely replaced the ballasts to the light fixtures, drawing on the building's supply of ballasts kept for that purpose.

Motion seeking leave to strike portions of reply brief denied.

[ See 2009 NY Slip Op 31232(U).]