HIGGINS v. E. I. DU PONT DE NEMOURS CO.


186 A.D.2d 1011 (1992)

Raymond J. Higgins, Jr., et al., Respondents, v. E. I. Du Pont De Nemours Company et al., Appellants

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

October 7, 1992


Order unanimously affirmed with costs.

Memorandum:

Defendants contend that Supreme Court erred in denying their motion to dismiss plaintiff's Labor Law § 241 (6) claim because his injuries did not occur in an area where construction work was being performed. Plaintiff was injured when he fell down a set of stairs at his employer's construction trailer, which was located within approximately 20 to 30 feet of the building under construction. At the time...

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