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HORVATH v. NIACET CORP.

115 A.D.2d 262 (1985)

Dennis D. Horvath, Appellant, v. Niacet Corporation, Respondent and Third-Party Plaintiff. Apollo Steel Corporation Third-Party Defendant-Respondent

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

November 15, 1985

Order unanimously reversed, on the law, with costs, and plaintiff's motion granted.

Memorandum:

The court erred in refusing to grant plaintiff's motion for partial summary judgment on his claim under Labor Law § 240. The duty imposed on the owner under that section is not satisfied by proof that a safety belt and line were available at the bottom of a gang box at the jobsite and that plaintiff could have used it (Heath v Soloff Constr.,

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