AGLI v. TURNER CONSTR. CO.


246 A.D.2d 16 (1998)

676 N.Y.S.2d 54

Christopher Agli, Respondent-Appellant, v. Turner Construction Company, Incorporated, et al., Appellants-Respondents, and PPG Industries, Respondent, et al., Defendants. (And Other Actions.)

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

July 2, 1998


Attorney(s) appearing for the Case

Brian J. Isaac of counsel, New York City (Thomas J. Moverman on the brief; Lipsig, Shapey, Manus & Moverman, and Pollack, Pollack, Isaac & DeCicco, attorneys), for respondent-appellant.

Kenneth Mauro of counsel, Great Neck (Timothy R. Capowski on the brief; Mauro & Goldberg, and Diamond, Cardo, King & Peters, attorneys), for Turner Construction Company, Incorporated and another, appellants-respondents.

Timothy J. Keane of counsel, New York City (Quirk & Bakalor, P. C., attorneys), for David Schulinder, Inc., appellant-respondent.

Glenn J. Pogust of counsel, New York City (Jacob, Medinger & Finnegan, L. L. P., attorneys), for PPG Industries, Inc., respondent.

LERNER, P. J., MILONAS, ELLERIN and ANDRIAS, JJ., concur.


SULLIVAN, J.

This is an action to recover damages for personal injuries sustained by plaintiff when he was allegedly struck by a portion of a falling, large, wire-mesh overhead net intended to protect workers at a construction site from falling debris. At issue on appeal is the applicability of certain provisions of the Labor Law to the accident.

Plaintiff had...

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