KLIMOWICZ v. FURER


246 A.D.2d 330 (1998)

666 N.Y.S.2d 916

Dariusz Klimowicz, Respondent, v. Abraham Furer et al., Appellants, and Terry McGoldrick, Respondent Dariusz Klimowicz, Respondent, v. Manuel Furer et al., Appellants

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

January 8, 1998


Plaintiff sustained injuries to his right arm when he was unloading a 17-foot-long metal beam, weighing 400 to 500 pounds, off the back of a dump truck in which he was standing. As plaintiff slid the beam off the rear of the truck's cab, the back end hit the ground while the front end began sliding off the top and side of the truck, striking plaintiff's arm in the process. As we conclude that plaintiff's injuries resulted from risks not covered by Labor Law § 240 (1...

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