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GREGORIO v. GETTY PETROLEUM CORP.

201 A.D.2d 278 (1994)

607 N.Y.S.2d 284

Leonard J. Gregorio, Respondent, v. Getty Petroleum Corporation et al., Appellants Getty Petroleum Corporation, Third-Party Plaintiff, v. Rafi Yacoubian, Third-Party Defendant-Appellant, et al., Third-Party Defendant. (And Another Third-Party Action.)

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

February 3, 1994

Since plaintiff's decedent was working on a ladder at the time of the incident and was thus exposed to an "elevation-related hazard", he comes within the protection of Labor Law § 240 (1) if his death was proximately caused by such risk (Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 500-501). We agree with the IAS Court that with respect to the cause of death, issues of fact...

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