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WILINSKI v. 334 E. 92ND HOUS.

No. 168

18 N.Y.3d 1 (2011)

2011 NY Slip Op 7477

ANTONI WILINSKI et al., Respondents-Appellants, v. 334 EAST 92ND HOUSING DEVELOPMENT FUND CORP. et al., Appellants-Respondents.

Court of Appeals of New York.

Decided October 25, 2011.

Attorney(s) appearing for the Case

Gallo Vitucci & Klar, New York City ( Yolanda L. Ayala of counsel), for appellants-respondents.

Law Office of Souren A. Israelyan, New York City ( Souren A. Israelyan of counsel), and Slawek W. Platta, PLLC, for respondents-appellants.

Chief Judge LIPPMAN and Judges SMITH and JONES concur with Judge CIPARICK; Judge PIGOTT dissents and votes to affirm in a separate opinion in which Judges GRAFFEO and READ concur.

OPINION OF THE COURT

CIPARICK, J.

Some New York courts have interpreted our decision in Misseritti v Mark IV Constr. Co. (86 N.Y.2d 487 [1995]) to preclude recovery under Labor Law § 240 (1) where a worker sustains an injury caused by a falling object whose base stands at the same level as the worker. We reject that interpretation and hold that such a circumstance does...

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