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FELKER v. CORNING INC.

90 N.Y.2d 219 (1997)

682 N.E.2d 950

660 N.Y.S.2d 349

Raymond L. Felker, Jr., et al., Respondents, v. Corning Incorporated et al., Respondents. Wellco, Inc., Defendant and Third-Party Plaintiff-Respondent, v. John H. Cook, Jr., Painting Contractors, Inc., Third-Party Defendant-Appellant. (And Another Action.)

Court of Appeals of the State of New York.

Decided June 12, 1997.

Attorney(s) appearing for the Case

Burke, Albright, Harter & Rzepka, L. L. P., Rochester (Johnson S. Albright II and Matthew D. Nafus of counsel), for third-party defendant-appellant.

Martin & Iati, Rochester (Valerie L. Barbic of counsel), for Corning Incorporated and another, respondents.

Krenzer & Galliher, P. C., Honeoye Falls (Cyril A. Krenzer of counsel), for Raymond L. Felker, Jr., and another, respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE and CIPARICK concur; Judge WESLEY taking no part.

SMITH, J.

Plaintiff was injured when, on August 14, 1992, while employed at his job as a painter, he fell over the wall of an alcove and through a suspended ceiling to the floor nine feet below. We hold that under the facts presented here, Labor Law § 240 (1) was violated as a matter of law and the third-party defendant is liable for indemnification.

The property, known as Sullivan Park, was owned...

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