Appellate Division, Second Department Addresses Two Labor Law Issues

The Appellate Division, Second Department addressed two straightforward Labor Law issues.

In Eisenstein v. Board of Managers of the Oak at La Tourette Cond. Secs. I-IV, the Court held that changing a light fixture constituted a repair, not routine maintenance, under Labor Law sec. 240(1).

In Dinallo v. DAL Elec., the plaintiff was injured when he tripped over a "jack assembly" at a worksite.  The Court held that the defendant was not negligent under Labor Law sec. 200 because the jack assembly -- which was described as being three feet high, 30 inches wide, and 30 inches deep -- was an open and obvious condition that was not inherently dangerous.