HARZEWSKI III v. CENTENNIAL DEVELOPMENT LTD (2000)

Supreme Court erred in denying plaintiff's motion for partial summary judgment on liability on the Labor Law § 240(1) claim and in granting the cross motion of defendant Centennial Development Ltd. for partial summary judgment seeking dismissal of that claim.   Plaintiff was injured when he fell while cleaning the exterior windows of a two-story commercial building.   While the cleaning of windows “does not include * * * routine, household window washing” (Brown v. Christopher St. Owners Corp., 87 N.Y.2d 938, 939, 641 N.Y.S.2d 221, 663 N.E.2d 1251, rearg. denied 88 N.Y.2d 875, 645 N.Y.S.2d 449, 668 N.E.2d 420), the statute applies where, as here, a professional window washer was hired to clean the exterior windows of a multistory building (see, Terry v. Young Men's Hebrew Assn. of Washington Hgts., 168 A.D.2d 399, 400, 563 N.Y.S.2d 408, affd. 78 N.Y.2d 978, 574 N.Y.S.2d 935, 580 N.E.2d 407;  Retamal v. Miriam Osborne Mem. Home Assn., 256 A.D.2d 506, 507, 682 N.Y.S.2d 409;  Williamson v. 16 W. 57th St. Co., 256 A.D.2d 507, 509, 683 N.Y.S.2d 548).

Order unanimously reversed on the law without costs, cross motion denied, Labor Law § 240(1) claim reinstated and motion granted.

MEMORANDUM: