LANZA v. COHEN


236 A.D.2d 287 (1997)

653 N.Y.S.2d 583

Robert Lanza, Respondent, v. Jerome M. Cohen, Individually and as General Partner at Plaza Madison Associates, et al., Appellants and Third-Party Plaintiffs-Appellants. Remco Maintenance Corporation, Third-Party Defendant-Appellant

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

February 20, 1997


The record establishes that defendants, as a matter of law, failed to "give proper protection" to plaintiff and that the violation of Labor Law § 240 (1) was the proximate cause of plaintiff's injuries. Plaintiff was directed to lower a scaffold several stories down to his foreman. The scaffold was not secured to anything other than plaintiff's body. As the motion court correctly found, plaintiff's "body became a counterweight to the scaffold and his body had to be used...

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