JOY v. CITY OF NEW YORK


17 A.D.3d 300 (2005)

794 N.Y.S.2d 40

JESEENTHA JOY, as Administratrix of the Estate of JOY ANTONY, Deceased, et al., Respondents, v. CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 28, 2005.


The fatal injury to plaintiff's deceased, a subway signal maintenance employee, did not fall within the ambit of Labor Law § 241 (6), since it did not occur in the course of "construction, excavation or demolition work." The record clearly shows that the task the decedent was performing at the time of his injury — testing and inspecting a signal — was in the nature of routine maintenance undertaken over two months after the construction project. Repair...

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