MUNGER v. MALL


221 A.D.2d 949 (1995)

634 N.Y.S.2d 16

James H. Munger et al., Respondents, v. Greece Towne Mall, et al., Appellants, et al., Defendant

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

November 15, 1995


Order unanimously affirmed with costs.

Memorandum:

Plaintiff James Munger was injured when a flexible hose used to transport concrete fell from a scaffold and struck him in the back. Supreme Court properly granted plaintiffs partial summary judgment against defendants Greece Towne Mall and Wilridge Property, Inc., on the issue of Labor Law § 240 (1) liability. Those defendants "had a nondelegable duty to provide proper safety devices to protect workers...

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