Appellate Division of the Supreme Court of the State of New York December 1, 2009 (Enos v. Werlatone, Inc.)

*714To successfully assert a cause of action under Labor Law § 240 (1), a plaintiff must establish that he or she was injured during “the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” (Labor Law § 240 [1]; see Wein v Amato Props., LLC, 30 AD3d 506, 507 [2006]).