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O'CONNOR v. SERGE ELEVATOR CO.

85 A.D.2d 515 (1981)

Sean O'Connor, Respondent-Appellant, v. Serge Elevator Co. et al., Respondents, and K. W. Construction Corp., Defendant-Appellant-Respondent and Third-Party Plaintiff-Appellant. A & M Wallboard, Inc., Third-Party Defendant-Respondent

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

December 3, 1981

Plaintiff was injured while waiting for an elevator on a construction site, when he stuck his head into an open adjacent shaftway to see where the elevator was, and was struck on the head by a descending loading platform. Based upon the failure to provide a safe place to work, in not safeguarding the open shaftway and not posting a warning of the danger of a descending platform, plaintiff made out a prima facie case against K. W., the general contractor, under section 200...

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