Steven and Karen Kostyo filed a negligence and Labor Law case after Steven fell off the front-porch roof of a property owned by Schmitt & Behling. (Apparently, Steven was fixing and "winterizing" a window, which involved nailing together the wooden frame and installing plastic sheeting.)
When the Erie County Supreme Court granted the homeowner's dismissal request, the Kostyos's appealed and the Appellate Division, Fourth Department, reversed because there were unresolved issues as to whether Steven was performing "routine maintenance" or a "repair" at the time he was injured.
In order for work to be considered a "repair" under New York law, the item being serviced had to be "inoperable," or not "functioning properly," and it was unclear whether that statutory standard applied to this case. (The homeowner also failed to show that Steven was somehow responsible for his injuries.)
Was that chilling?
To view a copy of the Appellate Division's decision, please use this link: Kostyo v. Schmitt & Behling, LLC