Barbarito v. County of Tompkins
Plaintiff Nicholas Barbarito was injured while adjusting a garage door chain at a facility operated by the Tompkins County Highway Department and owned by the County of Tompkins, leading to a lawsuit alleging negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court granted plaintiffs partial summary judgment on the Labor Law § 240 (1) claim, deeming the activity 'repairing' and finding a proximate cause violation. On appeal, the defendants successfully argued that plaintiff's activity of adjusting a loose garage door chain constituted routine maintenance, not a 'repair' or other enumerated activity under Labor Law § 240 (1), which distinguishes activities necessitated by normal wear and tear from covered repairs. The appellate court reversed the Supreme Court's order, denying plaintiffs' cross-motion for summary judgment and granting defendants' motion, thereby dismissing the complaint in its entirety. The court also dismissed the Labor Law §§ 200 and 241 (6) and common-law negligence claims, finding that maintenance work is not covered by § 241 (6) and there was no showing that defendants exercised supervisory control or that the dangerous condition arose from anything other than the work's performance.