PHILLIP v. 525 EAST 80TH STREET CONDOMINIUM

7190, 309371/08.

93 A.D.3d 578 (2012)

940 N.Y.S.2d 631

2012 NY Slip Op 2264

DESMOND PHILLIP, Appellant, v. 525 EAST 80TH STREET CONDOMINIUM, Respondent.

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

Decided March 27, 2012.


Plaintiff, an employee of nonparty Rockledge Scaffolding, was working at defendant's building constructing a sidewalk bridge when he fell from atop a load of scaffolding material on a flatbed truck. Plaintiff was engaged in unloading materials at the time that he fell. The court improperly dismissed plaintiff's Labor Law § 240 (1) claim because plaintiff's injury was caused by his falling from a height while performing an activity...

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