MADALINSKI v. STRUCTURE-TONE, INC.


47 A.D.3d 687 (2008)

850 N.Y.S.2d 505

KAZIMIERZ MADALINSKI, Appellant, v. STRUCTURE-TONE, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 15, 2008.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability on his claims pursuant to Labor Law § 240 (1) is granted.

The plaintiff, an asbestos handler employed by a demolition subcontractor, was injured when he turned on a high-pressure water hose, and the pressure of the water caused him to fall off a scaffold. The scaffold, which the plaintiff had been directed to use, had no side rails...

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