The New York Court of Appeals Decides Cryptic But Helpful Labor Law Case on Routine Maintenance Issue

The New York Court of Appeals decided Chizh v. Hillside Campus Meadows Assocs., which involved whether the work the plaintiff was performing constituted a “repair” under Labor Law Section 240(1) or just routine maintenance. The Court held that the plaintiff’s work — he was injured in the course of removing, repairing and reinstalling a single window screen at an apartment complex — constituted routine maintenance (see the Appellate Division, Fourth Department underlying decision here). The Court distinguished the facts in this case from those in Prats v. Port Auth. of N.Y. & N.J. With this short memorandum decision, the Court has come closer to boxing in what constitutes a “repair” and what constitutes “routine maintenance.”

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