BUSTAMANTE v. << (1997)

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about April 15, 1996, which, inter alia, granted the motions of defendant/third-party plaintiff Chase Manhattan Bank, N.A. [“Chase”] and third-party defendant National Cleaning Contractors a/k/a ISS Cleaning Services Group, Inc. for summary judgment dismissing plaintiff's cause of action based on Labor Law § 240(1) and denied plaintiffs' cross-motion for summary judgment as against Chase on the issue of liability, unanimously reversed, on the law, without costs, and the motions denied and the cross-motion granted.

Labor Law § 240(1) imposes absolute liability on all contractors and owners, and their agents, whose failure to provide proper scaffolding, ladders and certain other protective devices results in injuries to workers engaged “in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” (see, Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 559, 606 N.Y.S.2d 127, 626 N.E.2d 912;  Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 513, 577 N.Y.S.2d 219, 583 N.E.2d 932).

 Here, plaintiff Victor Bustamante was injured when he fell from a ladder while cleaning the tops of partitions in Chase's offices.   This situation comes within the purview of § 240(1), which specifically includes workers injured while engaged in “cleaning ․ a building”.   While a narrow limitation to § 240(1) exists for workers who are injured while engaged in the routine cleaning of windows of private residences (Brown v. Christopher St. Owners Corp., 87 N.Y.2d 938, 641 N.Y.S.2d 221, 663 N.E.2d 1251;  Connors v. Boorstein, 4 N.Y.2d 172, 173 N.Y.S.2d 288, 149 N.E.2d 721), that limitation does not apply to workers injured while cleaning offices (Buendia v. New York Natl. Bank, 223 A.D.2d 456, 637 N.Y.S.2d 70, appeal dismissed, 88 N.Y.2d 962, 647 N.Y.S.2d 715, 670 N.E.2d 1347;  Terry v. YMHA of Washington Heights, Inc., 168 A.D.2d 399, 400, 563 N.Y.S.2d 408, aff'd 78 N.Y.2d 978, 574 N.Y.S.2d 935, 580 N.E.2d 407;  cf., Smith v. Shell Oil Co., 85 N.Y.2d 1000, 630 N.Y.S.2d 962, 654 N.E.2d 1210).

MEMORANDUM DECISION.