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ROGERS v. COUNTY OF NIAGARA

209 A.D.2d 1034 (1994)

619 N.Y.S.2d 472

Bernard J. Rogers, Jr., Appellant, v. County of Niagara, Respondent

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

November 16, 1994

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly dismissed plaintiff's Labor Law § 240 (1) cause of action. Plaintiff was injured when the wall of an excavation trench caved in on him. Labor Law § 240 (1) does not impose liability in favor of a worker injured in the collapse of an excavation trench (see, Kelleher...

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