Second Department: Porter’s Routine Maintenance Not Covered by § 240(1), but § 200 Claim May Proceed

In the recently decided Neil v Areeba, Inc. (2026), the Second Department held that a building porter injured while moving materials delivered for the ongoing construction at the property was not entitled to the protections of Labor Law § 240(1), which only applies when an injured employee is engaged in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure….
By: Ropers Majeski