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PESA v. GINSBERG

186 A.D.2d 521 (1992)

Ivan Pesa et al., Appellants, v. Arnold L. Ginsberg et al., Respondents. (And a Third-Party Action.)

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

October 29, 1992

Plaintiff, a painter, was injured attempting to move furniture in the course of performing a painting contract in defendants' house. His cause of action based on Labor Law § 240 (1) was properly dismissed, since that section applies only to work performed at heights (Rocovich v Consolidated Edison Co., 78 N.Y.2d 509). Nor does plaintiff have a cause of action under either Labor Law § 200 or § 241 (6) in view of the...

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