BOMOVA v. KMK REALTY CORP.


255 A.D.2d 351 (1998)

679 N.Y.S.2d 673

Fatmir Bomova et al., Appellants, v. KMK Realty Corp. et al., Respondents. (And a Third-Party Action.)

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

November 9, 1998


Ordered that the judgment is affirmed, with costs.

The trial court properly granted the defendants' motion made at the close of the plaintiffs' case to dismiss the complaint on the ground that the accident was not covered by Labor Law § 240 (1). The injury sustained by the plaintiff Fatmir Bomova did not result from an elevation-related hazard such as falling from a height or being struck by a falling object that was improperly hoisted or secured (see...

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