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HOFFMEISTER v. OAKTREE HOMES, INC.

206 A.D.2d 921 (1994)

615 N.Y.S.2d 177

Richard Hoffmeister, Jr., Respondent, v. Oaktree Homes, Inc., Appellant and Third-Party Plaintiff-Appellant. J.E.B. Contracting, Third-Party Defendant-Respondent-Appellant. (Appeal No. 2.)

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

July 15, 1994

Order unanimously affirmed without costs.

Memorandum:

We reject the contention of defendant Oaktree Homes, Inc. (Oaktree Homes) that factual issues exist whether the area where plaintiff was working, a cross beam lying across concrete foundation walls and situated some 8 to 12 feet above the basement floor, constituted part of the work place within the meaning of Labor Law § 240 (1) and whether plaintiff was a recalcitrant worker.

Plaintiff was...

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