AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

Edward S. Pound, et al., respondents, v. A.V.R. Realty Corp., et al., appellants.

DECISION ORDER

ORDERED that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the cause of action based on violations of Labor Law § 240 Lab.(1) and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the defendants.

The Supreme Court erred in denying that branch of the defendants' motion which was for summary judgment dismissing the cause of action based on violations of Labor Law § 240 Lab.(1). Labor Law § 240 Lab.(1) does not apply to the performance of routine maintenance on an air-conditioning cooling tower (see, Raposo v. WAM Great Neck Assn., 251 A.D.2d 392 ), or routine cleaning of water in a cooling tower (see, Noah v. IBC Acquisition Corp., 262 A.D.2d 1037;Williams v. Perkins Rests., 245 A.D.2d 1128 ; Bermel v. Board of Educ., 231 A.D.2d 663 ).

The defendants' remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

POUND v. A.V.R. REALTY CORP
(Apr 3, 2000)