Plaintiff, an employee of third-party defendant, Careful Cleaning Contractors, was injured when he fell three stories while cleaning a window on premises owned by defendant and third-party plaintiff Young Men's Hebrew Association of Washington Heights, Inc. The record indicates that plaintiff leaned out of a third-floor window to clean its exterior when part of the window frame gave way. Plaintiff had not been provided with a safety belt, window anchors, safety line or other devices.
Pursuant to Labor Law § 240 (1), the defendant owner is liable as a matter of law. (See, Yaeger v. New York Tel. Co., 148 A.D.2d 308. ) The fact that plaintiff also sought recovery under section 202 Lab. of the Labor Law, specifically pertaining to "window cleaning", does not preclude plaintiff from relying on section 240.
Concur — Kupferman, J.P., Carro, Asch and Wallach, JJ.