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TSE CHIN CHEUNG v. G & M HARDWARE & ELEC., INC.

249 A.D.2d 28 (1998)

670 N.Y.S.2d 495

Tse Chin Cheung et al., Appellants, v. G & M Hardware & Electric, Inc., et al., Defendants, and 192 Street Associates (N. Y. Part) et al., Respondents. (And Other Actions.)

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

April 7, 1998

We agree with the IAS Court that the evidence unequivocally demonstrates that the chimney installation work plaintiff was doing on the "makeshift" scaffold that collapsed was gratuitously volunteered to his brother, who operated a restaurant on defendants' premises, and that plaintiff therefore cannot claim the protection of Labor Law §§ 200, 240 (1) and § 241 (6) (see, Whelen v Warwick Val. Civic & Social...

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