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BAUTISTA v. 165 W. END AVE. ASSOC., L.P.

109503/08, 691, 591070/08, 590876/10, 690.

137 A.D.3d 714 (2016)

27 N.Y.S.3d 384

2016 NY Slip Op 02540

PEDRO BAUTISTA, Appellant, v. 165 WEST END AVENUE ASSOCIATES, L.P., Defendant, and THE 165 WEST END AVENUE CONDOMINIUM et al., Respondents/Third-Party Plaintiffs-Respondents. LYN BLACKSBERG, Third-Party Defendant-Respondent. (And Another Third-Party Action.)

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

Decided March 31, 2016.

Plaintiff allegedly was injured when a screw that he was removing in the course of replacing window balances in a cooperative apartment unit "jumped" and struck him in the eye. Plaintiff is correct that his work replacing window balances constitutes "maintenance" pursuant to Industrial Code (12 NYCRR) § 23-1.4 (b) (13). However, because plaintiff did not perform the work in the context of construction, demolition or excavation...

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