Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

SMITH v. SHELL OIL COMPANY

Appellate Division of the Supreme Court of New York, Second Department.
Jun 20, 1994

Ordered that the judgment is affirmed, with one bill of costs.

Since the changing of lightbulbs, by itself, is not "repairing", as that term is used in Labor Law ยง 240 (1) (see, Manente v. Ropost, Inc., 136 A.D.2d 681; cf., Izrailev v. Ficarra Furniture, 70 N.Y.2d 813), the Supreme Court properly granted the motions of the defendants and the third-party defendant for summary judgment dismissing the complaint.

In light of the foregoing determination, we need not reach the parties' remaining contentions. O'Brien, J.P., Pizzuto, Joy and Krausman, JJ., concur.