Appellate Division of the Supreme Court of the State of New York September 29, 2000 (Sobol v. K Mart Corp.)

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied that part of defendants’ motion for summary judgment dismissing the Labor Law § 240 (1) claim. Defendants failed to establish as a matter of law that plaintiff was injured in the course of performing routine maintenance rather than repairing the sign (see, Smith v Shell Oil Co.