GRAMIGNA v. MORSE DIESEL, INC.


210 A.D.2d 115 (1994)

620 N.Y.S.2d 58

Leopoldo Gramigna et al., Respondents, v. Morse Diesel, Inc., and Shimizu of America, Inc., Joint Venture, Appellant-Respondent, Keio Gijuku, Doing Business as Keio Academy of New York, Respondent-Appellant, and Service Scaffold Company, Inc., Respondent

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

December 15, 1994


Plaintiff, a 55 year-old bricklayer employed by a non-party subcontractor, was injured while he was working on a scaffold at a work site at premises owned by defendant Keio Gijuku. Defendant Joint Venture was the general contractor at the project. The scaffold was two-tiered, the higher level being approximately five feet from the flooring and two feet above the lower level, which was comprised of two planks, 16 inches wide and one and one-half to two inches thick, attached...

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