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MEHMEDAGIC v. NEW YORK UNIV. MED. CTR.

247 A.D.2d 256 (1998)

668 N.Y.S.2d 597

Hamid Mehmedagic et al., Respondents, v. New York University Medical Center, Respondent. New York University, Sued Herein as University Medical Center, Third-Party Plaintiff-Respondent-Appellant, v. Erectra Construction Corp. et al., Third-Party Defendants-Appellants-Respondents

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

February 10, 1998

Issues of fact exist as to whether the employee was injured in the course of construction work on the structure (see, Martin v Back O'Beyond, 198 A.D.2d 479). The fixed ladder is arguably covered by Labor Law § 240, since there is some evidence that it was required for access to a roof-top work space (see, Szopinski v MJ Mech. Servs., 217 A.D.2d 906, appeals dismissed...

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