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MURPHY v. BROADWAY 48-49TH ST. ASSOCS.

246 A.D.2d 392 (1998)

668 N.Y.S.2d 25

Kevin Murphy, Appellant, v. Broadway 48-49th Street Associates et al., Respondents and Third-Party Plaintiffs-Respondents. Gordon H. Smith Corporation et al., Third-Party Defendants-Respondents

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

January 15, 1998

The descending material hoist that struck plaintiff as he was leaning out of a window to inspect leaks in a curtain wall was not, as a matter of law, a falling object that was improperly or inadequately secured (see, Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501). Certainly there was no showing that plaintiff would not have sustained the injuries he did had a harness to...

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