MISSERITTI v. MARK IV CONSTR. CO., INC.


209 A.D.2d 931 (1994)

619 N.Y.S.2d 473

Loretta Misseritti, as Administratrix of The Estate of Angelo Misseritti, Deceased, Respondent, v. Mark IV Construction Co., Inc., Appellant and Third-Party Plaintiff-Respondent. B.A. Masons, Inc., Third-Party Defendant-Appellant

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

November 16, 1994


Order modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff's decedent was injured when, according to the complaint, "a wall in a building under construction collapsed and fell on him." Plaintiff moved for partial summary judgment pursuant to Labor Law § 240 (1). That section was adopted to provide protection against risks created by differences in elevation, that...

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