In Esposito v. New York City Industrial Development Agency, 305 AD2d 108 [1st Dep't 2003] the Appellate Division, First Department affirmed the trial court's decision to dismiss the plaintiff's claim under Labor Law 241(6). In so affirming the Appellate Division, First Department held: the Court of Appeals recently explained in Nagel v. D & R Realty Corp, that to be covered by section 241(6), maintenance or repair work must occur "in the context of construction, demolition or excavation." The reasoning of previous cases that the word "construction" in Labor Law 241 (6) includes the broad definition of "construction work" contained in the Industrial Code, namely, "all work of the types performed in the construction, erection, alteration, repair, maintenance, painting or moving of buildings" . . . was rejected by the Nagel court. Id.