MARRONE v. 740 CORP.


215 A.D.2d 336 (1995)

627 N.Y.S.2d 1

Anthony Marrone et al., Appellants, v. 740 Corporation et al., Respondents Safeway Steel Products, Inc., Third-Party Plaintiff-Respondent, v. Richardson & Lucas, Inc., Third-Party Defendant-Respondent. 740 Corporation, Second Third-Party Plaintiff-Respondent, et al., Second Third-Party Defendant

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

May 30, 1995


Issues of fact exist precluding summary judgment on plaintiff construction worker's Labor Law § 240 (1) claim, including whether the scaffolding from which he fell contained a built-in stairway that could have been used to safely gain access from the floor he was on to the floor he was directed to go to, and thus whether plaintiff was a " 'recalcitrant worker'" (cf., Stolt v General Foods Corp.,

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