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KLAPA v. O&Y LIBERTY PLAZA CO.

218 A.D.2d 635 (1995)

631 N.Y.S.2d 21

Janusz Klapa et al., Appellants, v. O&Y Liberty Plaza Company et al., Respondents. (And a Third-Party Action.)

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

August 31, 1995

Plaintiff Janusz Klapa was employed by former third-party defendant United National Environmental Services Co., Inc., which had contracted with defendants to remove asbestos from one of their buildings. Plaintiff was injured when he fell from a scaffold that did not contain any guardrails while he was engaged in such asbestos removal.

The IAS Court found that plaintiff had made a prima facie case that Labor Law § 240 (1) had been violated and that any

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