New York Court of Appeals

Jose A. Soto v. J. Crew Inc.

October 10, 201321 N.Y.3d 562

Summary

The New York Court of Appeals affirmed summary judgment for J. Crew and the building owner, holding that the plaintiff's dusting of a six‑foot shelf was routine maintenance, not the type of “cleaning” covered by Labor Law § 240(1). The court applied its established four‑factor test to determine that the activity did not present the elevation‑related risks the statute was designed to address.