Escobar v MRS II Realty, LLC
2021 NY Slip Op 00992 [191 AD3d 523]
February 16, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2021


[*1]
 Noel Escobar, Appellant,
v
MRS II Realty, LLC, et al., Respondents.

William Schwitzer & Associates, P.C., New York (Howard R. Cohen of counsel), for appellant.

Ahmuty, Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for respondents.

Judgment, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered January 9, 2020, to the extent appealed from as limited by the briefs, dismissing the Labor Law § 240 (1) claim, unanimously affirmed, without costs.

Plaintiff seeks to recover for injuries he sustained when he fell from a ladder while removing snow from a sign and tiled awning over his employer's grocery store. His Labor Law § 240 (1) claim against the owner and manager of the building were correctly dismissed because his activity did not constitute "cleaning" under the Labor Law, but rather routine maintenance (see Soto v J. Crew Inc., 21 NY3d 562, 568 [2013]; see also Torres v St. Francis Coll., 129 AD3d 1058 [2d Dept 2015]; Berardi v Coney Is. Ave. Realty, LLC, 31 AD3d 590 [2d Dept 2006]). Concur—Gische, J.P., Moulton, González, Scarpulla, JJ.