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CASABIANCA v. PORT AUTH. OF NEW YORK & NEW JERSEY

237 A.D.2d 112 (1997)

655 N.Y.S.2d 2

John Casabianca et al., Respondents, v. Port Authority of New York and New Jersey et al., Defendants and Third-Party Plaintiffs-Respondents. National Acoustics, Inc., Third-Party Defendant-Appellant

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

March 4, 1997

Construing the statute liberally (see, Rocovich v Consolidated Edison Co., 78 N.Y.2d 509, 513), we find that the rolling scaffold elevated two feet off the ground did not meet the core objective of preventing injury from an elevation related risk and therefore the accident falls within the protection of the statute where plaintiff fell from the scaffold while installing ceiling tiles...

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