Neither side is entitled to summary judgment on the claim under Labor Law § 240 (1), because the record presents a triable issue, which cannot be resolved as a matter of law, as to whether plaintiff, at the time of his incident, was engaged in protected activity within the meaning of Labor Law § 240 (1), or routine maintenance (cf. Abbatiello v Lancaster Studio Assoc.,
Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.