MANNINO v. SEASONS AFFILIATES


249 A.D.2d 34 (1998)

670 N.Y.S.2d 492

Joe Mannino et al., Appellants, v. Seasons Affiliates et al., Respondents

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

April 7, 1998


Respecting the dismissal of plaintiff's Labor Law § 240 (1) claim, we note that although plaintiff was injured while standing on a scaffold, inasmuch as his injury allegedly derived from a problem in the placement of the scaffold that was "`wholly unrelated to the hazard which brought about its need in the first instance'" (Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501, quoting 180 A.D.2d 385

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