Justice David Schmidt
Defendants, including St. Rose of Lima School, moved for summary judgment on claims by Catania, who made monthly visits performing pest control for the school. St. Rose's porter set up a 12-foot step ladder in the gymnasium, suspecting squirrels inside a ventilation duct. Catania climbed the ladder, but as the porter opened a vent on the roof, startling the squirrels, they ran out of the duct above Catania causing him and the ladder to fall. Catania suffered various injuries requiring surgeries and therapy. He sued for negligence alleging violations of Labor Law §§200, 240(1) and 241(6). Catania argued his attempt to remove a squirrel from the duct constituted cleaning covered by §240(1). The court noted nothing here suggested Catania was making any physical alterations to the school or his work was incidental to any undertaking covered by §240(1), granting defendants summary judgment on the §240(1) claim. Also, as Catania's work was classified as maintenance unrelated to construction, summary judgment was also granted on his §241(6) claim. Yet, Catania raised triable issues of fact if there was a "puff" in the floor beneath the ladder and the slipperiness of the floor, precluding summary judgment on his §200 and common-law negligence claims.
