DUELL v. EASTMAN KODAK CO.


224 A.D.2d 997 (1996)

637 N.Y.S.2d 552

Thomas Duell, Respondent-Appellant, v. Eastman Kodak Company, Appellant-Respondent

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

February 2, 1996


Order unanimously affirmed without costs.

Memorandum:

Plaintiff struck his head on a ceiling joist while walking on a plywood platform atop a scaffold, causing him to fall to the plywood platform. Supreme Court properly granted that portion of defendant's motion for summary judgment dismissing the Labor Law § 240 (1) cause of action. Plaintiff's injury did not "directly flow[] from the application of the force of gravity to an object or person" (Ross...

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