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QUINLAN v. EASTERN REFRACTORIES CO., INC.

217 A.D.2d 819 (1995)

629 N.Y.S.2d 819

Robert J. Quinlan et al., Respondents, v. Eastern Refractories Company, Inc., Defendant and Third-Party Plaintiff-Appellant. Quinlan Electric, Inc., Third-Party Defendant-Respondent

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

July 20, 1995

Casey, J.

In Beesimer v Albany Ave./Route 9 Realty we explained: "The rule in this Department is that when a worker injured in a fall was provided with an elevation-related safety device, the question of whether the device provided proper protection within the meaning of Labor Law § 240 (1) is ordinarily a question of fact * * * except where the device collapses, slips or otherwise fails to perform...

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