SANDERS v. TDX CONSTR. CORP.


203 A.D.2d 353 (1994)

612 N.Y.S.2d 915

Sammy Sanders, Appellant, v. TDX Construction Corp., Defendant and Third-Party Plaintiff-Respondent. Wise Excavating Co., Inc., Third-Party Defendant-Respondent

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

April 11, 1994


Ordered that the order is affirmed, with one bill of costs.

Contrary to the plaintiff's contention, the Supreme Court correctly determined that he could not recover against the defendant TDX Construction Corp. (hereinafter TDX) under Labor Law § 200, since he was injured through the dangerous condition which he had undertaken to eliminate (see, Kowalsky v Conreco Co., 264 N.Y. 125; McCullum v Barrington Co. & 309 56th St. Co.,

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