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TURCHIOE v. AT&T COMMUNICATIONS, INC.

256 A.D.2d 245 (1998)

682 N.Y.S.2d 378

ROBERT J. TURCHIOE, Appellant-Respondent, v. AT&T COMMUNICATIONS, INC., et al., Respondents-Appellants. AT&T COMMUNICATIONS, INC., Third-Party Plaintiff-Appellant, v. RICHARDS CONDITIONING CORP., Third-Party Defendant-Respondent. JAMES A. JENNINGS CO., INC., Second Third-Party Plaintiff-Appellant, v. RICHARDS CONDITIONING CORP., Second Third-Party Defendant-Respondent.

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

Decided December 29, 1998.

Plaintiff alleges that as he and a co-worker were manually transporting a heavy device known as a ductlift up a permanent stairway from the basement to the first floor, with plaintiff proceeding up the stairs first, the co-worker crouched, causing the full weight of the ductlift to be shifted up against plaintiff's shoulder, injuring his back. The section 240 (1) claim was properly dismissed because the lifting activity in which plaintiff was engaged is not the kind of "...

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