April 28, 2022, produced three Court of Appeals Labor Law Section 240(1)-related opinions (Healy v. EST Downtown, 38 NY3d 998 [2022]; Bonczar v. American Multi-Cinema, 38 NY3d 1023 [2022] and Cutaia v. Board of Managers of the 160/170 Varick Street Condominium, 38 NY3d 1037 [2022]). Each was on its issue favorable to the defendant. Offered are a few brief observations. In Healy, a bird nesting in a partially covered rain gutter was depositing droppings from above a tenant’s entranceway. The plaintiff, an employee of the building owner’s property manager was sent to remove the nest. Upon reaching into the gutter while standing 5’ above the ground on an 8’ stepladder a bird unexpectedly fluttered out. Startled, the plaintiff was caused to fall to the ground.
On cross motions for summary judgment, the defendant’s was granted in that the work was not cleaning within the contemplation of the Section 240(1) cleaning category.
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