DRIVAS v. BREGER


244 A.D.2d 160 (1997)

663 N.Y.S.2d 576

Nicholas Drivas, Respondent, v. Richard Breger et al., as Executors of Abraham Chinitz, Deceased, Appellants and Third-Party Plaintiffs, et al., Defendants. Nisa Glass Systems, Inc., Third-Party Defendant-Respondent

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

November 6, 1997


The platform upon which plaintiff was standing, and which collapsed while he was working on appellants' building, was a "furnished or erected" safety device within the meaning of Labor Law § 240 (1), notwithstanding the fact that it was permanently affixed to that building. The IAS Court properly granted plaintiff summary judgment on the issue of liability as against appellants upon plaintiff's showing of a violation of the statute and the owner's failure to submit any...

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