Carr v. Jacob Perl Assocs

In Carr v. Jacob Perl Assocs. (201 AD2d 296 (1st Dept 1994]) the plaintiff, also an elevator maintenance mechanic, became injured when she "slipped and fell beneath the elevator into an open shaft" (id.). In making its determination that Labor Law 240 (1) applied, the Carr Court reasoned that "as the elevator was inoperable, plaintiff was engaged in `repair' work within the meaning of the statute" (id.). The Carr court did not specifically state that an elevator must be inoperable in order for the work to be considered repair work.