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HUNT v. WERNER SPITZ CONSTR. CO., INC.

99 A.D.2d 671 (1984)

John Hunt, Respondent, v. Werner Spitz Construction Company, Inc., et al., Appellants and Third-Party Plaintiffs. Railing Supply Company, Inc., Third-Party Defendant-Appellant. (Appeal No. 1.)

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

January 27, 1984

Order and judgment unanimously affirmed, with costs.

Memorandum:

Plaintiff was injured when he fell 25 feet to the ground from the roof of a building upon which he was welding. Trial Term correctly set aside the verdict and found defendants liable under subdivision 1 of section 240 of the Labor Law. The failure to furnish a device "which shall be so constructed, placed and operated as to give proper protection" violates the command of the statute (Labor Law...

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