LA FRANCE v. NIAGARA MOHAWK POWER CORP.


89 A.D.2d 757 (1982)

Rita M. La France, as Administratrix of The Estate of Andrew A. La France, Deceased, Respondent, v. Niagara Mohawk Power Corporation, Appellant

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

July 29, 1982


In our view, the parties' papers submitted on their motions for summary judgment establish as a matter of law that decedent's death was not the result of any breach by defendant of subdivision 1 of section 240 of the Labor Law. The duty imposed by that statute is relatively narrow, requiring that certain devices, such as scaffolding, hoists, ladders, slings, blocks and ropes, be constructed, placed and operated so as to give proper protection to those employed in construction...

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