CLAPP v. EASTERN ROCK PRODS., INC.


167 A.D.2d 902 (1990)

Erwin Clapp, Respondent, v. Eastern Rock Products, Inc., Defendant, and Koppers Company, Inc., Appellant

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

November 16, 1990


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Special Term erred in denying defendant Koppers' motion for summary judgment. Koppers is not an "owner" or "contractor" within the meaning of Labor Law § 240 (1) and § 241 (6). Plaintiff was injured when he fell from an elevated walkway while engaged in the installation of a conveyer belt at the plant owned by his employer, defendant Eastern Rock...

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