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BOICE v. JEGARMONT REALTY CORP.

204 A.D.2d 674 (1994)

612 N.Y.S.2d 431

Bruce Boice, Respondent, v. Jegarmont Realty Corp. et al., Appellants

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

May 31, 1994

Ordered that the judgment is affirmed with costs.

The plaintiff, an independent contractor, was engaged to perform construction work on premises owned by the defendant Jegarmont Realty Corp. (hereinafter Jegarmont). In order to reach the height necessary to perform the work, the plaintiff had to stand on a platform attached to a forklift which would carry him up to the worksite. When the forklift was in motion, the plaintiff would hold onto a "cage" on one side of...

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