Opinion
Argued February 22, 2000.
April 3, 2000.
In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Nassau County (Levitt, J.), dated January 18, 1999, as denied those branches of their motion which were for summary judgment dismissing those causes of action asserted in the complaint which were to recover damages for common-law negligence and violations of Labor Law §§ 200 Lab. and 240 Lab.(1).
Ronan, McDonnell Kehoe, Melville, N.Y. (Richard Harms and Dawn C. DeSimone of counsel), for appellants.
Siben Siben, Bay Shore, N.Y. (Alan G. Faber of counsel), for respondents.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, THOMAS R. SULLIVAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the cause of action based on violations of Labor Law § 240 Lab.(1) and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the defendants.
The Supreme Court erred in denying that branch of the defendants' motion which was for summary judgment dismissing the cause of action based on violations of Labor Law § 240 Lab.(1). Labor Law § 240 Lab.(1) does not apply to the performance of routine maintenance on an air-conditioning cooling tower (see, Raposo v. WAM Great Neck Assn., 251 A.D.2d 392 ), or routine cleaning of water in a cooling tower (see, Noah v. IBC Acquisition Corp., 262 A.D.2d 1037;Williams v. Perkins Rests., 245 A.D.2d 1128 ; Bermel v. Board of Educ., 231 A.D.2d 663 ).
The defendants' remaining contentions are without merit.