BREEDEN v. SUNSET INDUSTRIAL PARK ASSOCIATES

ORDERED that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff John Breeden, a telephone repairman, was injured when he fell from a ladder while investigating a nonworking telephone line. The work performed by the injured plaintiff at the time of the accident was routine maintenance of a nonworking telephone line and did not constitute "erection, demolition, repairing, altering, painting, cleaning or pointing of a building" within the meaning of Labor Law § 240(1) so as to bring him within the protective ambit of the statute (see, Joblon v. Solow, 91 N.Y.2d 457; Pound v. A.V.R. Realty Corp., 271 A.D.2d 424).

The injured plaintiff was not covered by Labor Law § 241(6), also because no construction, excavation, or demolition work was being performed (see, Rogola v. Van Bourgondien, 263 A.D.2d 535; Luthi v. Long Is. Resource Corp., 251 A.D.2d 554).

The plaintiffs' remaining contentions are without merit.