Appellate Division, First Department On Routine Maintenance vs. Repair Argument of Labor Law sec. 240(1)

The Appellate Division, First Department in Cordero v. SL Green Realty Co. addressed the often elusive repair (covered activity under sec. 240) versus routine maintenance (not covered) argument within the Labor Law sec. 240(1) context.  The Court held that the plaintiff's injury while replacing metal slats of a fully operational roll-down security gate was routine maintenance.   The Court relied upon Esposito v. New York City Indus. Dev. Agency.