In an action to recover damages for personal injuries, the
Ordered that the order is affirmed, with one bill of costs.
The plaintiff was injured when she fell from a height of approximately three feet while using a rag and Windex to clean the inside portion of a window in the defendants’ dormitory building. At the time of the incident, the plaintiff, part of a cleaning crew employed to clean the interior part of the dormitory, was standing on a bed in order to reach the window.
Liability under Labor Law § 240 (1) is contingent on “the existence of a hazard contemplated in [that section] and the failure to use, or the inadequacy of, a safety device of the kind enumerated therein” (Narducci v Manhasset Bay Assoc., 96 NY2d 259, 267 [2001]). One of the activities enumerated in the statute is the cleaning of a building or a structure (see Labor Law § 240 [1]). Although this Court has held that Labor Law § 240 (1) applies to window cleaners who are subjected to elevation-related risks inherent in their work, the statute does not apply to truly domestic cleaning or routine maintenance (see Williamson v 16 W. 57th St. Co., 256 AD2d 507, 509 [1998]; Koch v E.C.H. Holding Corp., 248 AD2d 510 [1998]).
The plaintiff was cleaning windows from a height of three feet with a rag and glass cleaner. This is routine maintenance which Labor Law § 240 (1) does not protect (see Diaz v Applied Digital Data Sys., 300 AD2d 533 [2002]; Machado v Triad III Assoc., 274 AD2d 558 [2000]). Accordingly, the Supreme Court correctly granted the defendants’ respective cross motions for summary judgment. Schmidt, J.E, Adams, Dillon and Covello, JJ., concur.
