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McCORMACK v. HELMSLEY-SPEAR, INC.

233 A.D.2d 203 (1996)

649 N.Y.S.2d 697

John McCormack et al., Appellants-Respondents, v. Helmsley-Spear, Inc., Respondent, and Henegan Construction Co., Inc., Respondent-Appellant. (And a Third- and Second Third-Party Action.)

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

November 19, 1996

Although there was no evidence of a defect in the rung of the scaffold from which plaintiff fell, the IAS Court properly denied both parties' motions for summary judgment on the issue of whether the scaffold provided proper protection within the meaning of Labor Law § 240 (1), because the parties dispute the source of mixed wet cement and mortar debris on the rung from which plaintiff slipped, and the existence of similar debris...

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