In Powers v. Carrols Corp., 8 AD3d 1061 (4th Dept. 2004), the Fourth Department affirmed partial summary judgment on plaintiff's Labor Law 240 (1) claim where plaintiff was repairing a light attached to a pole in the parking lot of defendants' restaurant. The bucket truck in which plaintiff was standing tipped over causing the plaintiff to fall approximately fifteen feet to the ground. The record on appeal in that action reflects that the light in the restaurant parking lot had been pushed by the wind to point at a neighbor's home and that it was able to swing on the pole by virtue of a broken bolt. Plaintiff was in the process of correcting the problem by fixing the bolt and re-pointing the light. The trial court held, and the Fourth Department affirmed, that this was "repair" work and not "routine maintenance."