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AUGUSTYN v. CITY OF NEW YORK

Nos. 7724, 106934/08, 590921/09.

95 A.D.3d 683 (2012)

944 N.Y.S.2d 146

2012 NY Slip Op 3953

ZBIGNIEW AUGUSTYN et al., Appellants, v. CITY OF NEW YORK et al., Respondents. CITY OF NEW YORK et al., Third-Party Plaintiffs, v. AAAA ASBESTOS ABATEMENT SERVICES CORP., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 22, 2012.

Plaintiff Zbigniew Augustyn allegedly sustained injuries when he fell from a sidewalk bridge while engaging in lead paint removal work at a building owned by the City. Dean was the general contractor, and plaintiff was the foreman for subcontractor AAAA Asbestos Abatement Services Corp.

Contrary to Dean's and AAAA's contention, plaintiff was engaged in protected activity under Labor Law § 240 (1) at the time he fell from the sidewalk bridge. Although he was not...

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