NEGRONI v. E. 67TH ST. OWNERS, INC.


249 A.D.2d 79 (1998)

671 N.Y.S.2d 464

Nestor Negroni et al., Respondents, v. East 67th Street Owners, Inc., Appellant and Third-Party Plaintiff-Appellant. United Wood Works, Third-Party Defendant-Respondents

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

April 14, 1998


Plaintiff, an employee of third-party defendant contractor, United Wood Works, sustained injuries during the course of his employment, when he fell through an open, unguarded hatchway between the first and second stories of a machinery tower located on defendant's premises. In these circumstances, plaintiff was entitled to the protection of Labor Law § 240 (1), which imposes a non-delegable duty upon property owners to take...

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