GARBACKI v. K. HOVNANI AT 80 NORTHERN WESTCHESTER, INC.


248 A.D.2d 434 (1998)

668 N.Y.S.2d 941

Bogdan Garbacki et al., Appellants, v. K. Hovnani at 80 Northern Westchester, Inc., Respondent. (And a Third-Party Action.)

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

March 9, 1998


Ordered that the order is affirmed, with costs.

The injured plaintiff Bogdan Garbacki, an employee of the third-party defendant Zenon Wcodarczyk doing business as Zeke's Siding, was injured in the course of his employment when he fell from a scaffold while working at premises owned by the defendant K. Hovnani at 80 Northern Westchester, Inc. Although the plaintiff alleged that he fell when the scaffold suddenly moved without warning, his employer stated in an affidavit...

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