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RIVERA v. SEALAND CONTRS CORP

166 Misc.2d 689 (1995)

630 N.Y.S.2d 899

Carmelo Rivera et al., Plaintiffs, v. Sealand Contractors Corp., Defendant and Third-Party Plaintiff. P.S. Bruckel, Inc., Third-Party Defendant.

Supreme Court, Monroe County.

July 25, 1995

Attorney(s) appearing for the Case

Shapiro & Shapiro, Rochester (Lori Henkel of counsel), for plaintiffs. Burke, Grossman, Valenti & Rzepka, Rochester (Johnson Albright II of counsel), for defendant and third-party plaintiff. Connors & Corcoran, Rochester (Cheryl Loria-Dinolfo of counsel), for third-party defendant.

ANDREW V. SIRACUSE, J.

This Labor Law § 240 (1) case presents a novel issue: is a fall during the attempted rescue of a fellow laborer facing a gravity-related danger within the scope of the Scaffold Law? For several reasons this court holds that it is, and the plaintiffs herein are entitled to partial summary judgment.

Plaintiff Carmelo Rivera was working...

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