SCAGLIONE v. Riverbay Management Company, et al., Defendants. (2001)

Order, Supreme Court, Bronx County (Yvonne Gonzalez J.), entered on or about November 1, 1999, insofar as it denied defendant Riverbay Corporation's motion to dismiss plaintiff's Labor Law §§ 240(1) and 241(6) claims, unanimously reversed, on the law, without costs, and the motion granted.

Defendant established its entitlement to summary judgment dismissing plaintiff's Labor Law claims.   As we have previously held, the changing of an elevator cable, in the absence of any proof that the elevator was inoperable, does not constitute a repair within the contemplation of Labor Law §§ 240(1) and 241(6) (Molloy v. 750 7th Avenue Associates, 256 A.D.2d 61, 681 N.Y.S.2d 253;  see also, Papapietro v. Rock-Time, Inc., 265 A.D.2d 174, 695 N.Y.S.2d 568;  Carr v. Jacob Perl Associates, 201 A.D.2d 296, 607 N.Y.S.2d 301;  Wilson v. City of New York, 903 F.Supp. 553, affd. 89 F.3d 32).   The fact that maintenance on the cable may have been warranted because it showed signs of wear does not alter this conclusion (id.).

MEMORANDUM DECISION.