ANDRESKY v. WENGER CONSTRUCTION CO., INC.

2011-05625.

95 A.D.3d 1247 (2012)

945 N.Y.S.2d 186

2012 NY Slip Op 4116

DINO J. ANDRESKY, Appellant, v. WENGER CONSTRUCTION CO., INC., Respondent.

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

Decided May 30, 2012.


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 the cause of action alleging violation of Labor Law § 240 (1) is granted.

The plaintiff was shoveling concrete out of a container which had been placed on the planks of a scaffold. The container had been raised onto the scaffold by a coworker using a forklift. The plaintiff observed that about one-third of the container hung...

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