CARR v. JACOB PERL ASSOCS.


201 A.D.2d 296 (1994)

607 N.Y.S.2d 301

Mary Carr, Respondent, v. Jacob Perl Associates, Appellant, et al., Defendants Jacob Perl Associates, Doing Business as Jacob Pero Associates, Third-Party Plaintiff-Appellant-Respondent, v. Otis Elevator Company, Third-Party Defendant-Respondent-Appellant

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

February 8, 1994


Under Labor Law § 240 (1), a building owner is absolutely liable for injuries suffered by a worker engaged "in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure" when those injuries are proximately caused by a failure to provide specified safety devices (Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513, 518-519). In this case, plaintiff, an elevator maintenance mechanic...

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