HAYES v. CRANE HOGAN STRUCTURAL SYS.


195 A.D.2d 1059 (1993)

601 N.Y.S.2d 902

Barrett R. Hayes, Respondent, v. Crane Hogan Structural Systems, Defendant and Third-Party Plaintiff. P. S. Bruckel, Inc., Third-Party Defendant-Appellant

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

July 16, 1993


Order unanimously affirmed with costs.

Memorandum:

Third-party defendant P. S. Bruckel, Inc., contends that Supreme Court erred by granting plaintiff's motion for summary judgment on the issue of liability under Labor Law § 240 (1). We disagree. It is undisputed that plaintiff fell while using a cable to lower himself from a scaffold attached to a bridge some 16 feet above the ground. The availability of a ladder at the worksite does not constitute a...

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