BOYLE v. 5 E. 9TH ST. OWNERS CORP.


250 A.D.2d 535 (1998)

673 N.Y.S.2d 128

Jeremy L. Boyle, Appellant-Respondent, v. 5 East 9th Street Owners Corporation, Respondent-Appellant, and Ellen Levy, Respondent and Third-Party Plaintiff. F.C. Freyvogel & Company, Inc., Third-Party Defendant-Respondent. (And Other Actions.)

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

May 26, 1998


Plaintiff was injured when an air conditioner he had just helped lift to a ceiling bracket where it was purportedly secured nonetheless fell some 1½ feet from the bracket and struck him. We agree with the IAS Court that plaintiff's harm was not attributable to some failure by defendants to take precautions required by Labor Law § 240 (1) to safeguard plaintiff — and, indeed, no such failure is specified by plaintiff — and, accordingly, that liability...

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