First Department Holds That Replacement of Light Sockets Is "Routine Maintenance"

In Picaro v. New York Convention Center Development Corp., the plaintiff, a "house electrician" was injured "fixing" a light fixture.  He testified that he performed this task "twice weekly" and that most electricians would simply change the entire fixture when performing such work.  His supervisor attested to the fact that the high-voltage nature of the lights caused the sockets to deteriorate, which again required them to be replaced on a routine basis.  Based upon the foregoing, the First Department held that plaintiff's work clearly involved the replacement of worn-out components, which is not a Labor Law protected activity.