Opinion
September 27 1996.
Order unanimously reversed on the law without costs, motion denied, complaint reinstated and cross motion granted.
Before: Present — Pine, J.P., Fallon, Wesley, Balio and Boehm, JJ.
Supreme Court erred in granting defendant's summary judgment motion and in denying plaintiffs cross motion for summary judgment on liability under Labor Law § 240 (1). Plaintiff Charles P. Benfanti, an electrician, fell approximately eight feet from a ladder to the ground while attempting to loosen a drain pipe. We conclude that removal of a portion of the drain pipe leading to the building's main sewer line for the purpose of unclogging and repairing it constitutes the repair of a structure within the meaning of Labor Law § 240 (1), rather than routine maintenance ( see, Holka v Mt. Mercy Academy, 221 AD2d 949, lv dismissed 87 NY2d 1055; Fuller v Niagara Mohawk Power Corp., 213 AD2d 986, lv denied 86 NY2d 708; cf., Smith v Shell Oil Co., 85 NY2d 1000; Rennoldson v Volpe Realty Corp., 216 AD2d 912, lv dismissed 86 NY2d 837). (Appeal from Order of Supreme Court, Erie County, Whelan, J. — Summary Judgment.)