TIERNAN v. COUNTY OF MONROE


172 A.D.2d 1068 (1991)

Yvonne Tiernan, as Limited Administratrix of The Estate of Mark Gorrow, Deceased, Appellant, v. County of Monroe et al., Respondents, and City of Rochester, Respondent and Third-Party Plaintiff-Respondent. Jim Frederico Wrecking Company, Inc., Third-Party Defendant-Respondent

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

April 26, 1991


Order unanimously reversed on the law with costs and motion granted.

Memorandum:

Plaintiff Yvonne Tiernan, as Limited Administratrix of the Estate of Mark Gorrow, contends that Supreme Court erred in denying her motion for partial summary judgment because defendant owner and defendant general contractor violated their duty under Labor Law § 240. We agree.

Decedent Gorrow was employed as a laborer dismantling the Driving Park Bridge when he fell...

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