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ARUCK v. XEROX CORP.

144 Misc.2d 367 (1989)

Joseph Aruck et al., Plaintiffs, v. Xerox Corporation, Defendant.

Supreme Court, Monroe County.

June 29, 1989

Attorney(s) appearing for the Case

Moran & Kufta (James J. Moran of counsel), for plaintiffs. Connors, Corcoran, Hall & Meyering (Cheryl Loria-Dinolfo of counsel), for defendant.

DAVID O. BOEHM, J.

Among the issues presented by this case is the interesting and, apparently, novel question of whether a worker who falls upon, rather than from, a device used as a scaffold comes within the protection of subdivision (1) of section 240 of the Labor Law.

On November 19, 1982, plaintiff, Joseph Aruck, was injured while working as a laborer for John B. Pike & Son, Inc., general contractor...

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