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MELBER v. 6333 MAIN ST.

91 N.Y.2d 759 (1998)

698 N.E.2d 933

676 N.Y.S.2d 104

Michael Melber et al., Respondents, v. 6333 Main Street, Inc., Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 4, 1998.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear, L. L. P., Buffalo (Lisa A. Coppola and R. Anthony Rupp III of counsel), for appellant.

Morris, Cantor, Barnes, Goodman & Furlong, Buffalo (Mark H. Cantor of counsel), for respondents.

Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge WESLEY taking no part.

Chief Judge KAYE.

On this appeal, we are again asked to delineate the class of perils targeted by Labor Law § 240 (1) and subject to its extraordinary protections. We hold that in the circumstances presented, plaintiff did not encounter a hazard contemplated by the statute, and we therefore reverse the grant of summary judgment to plaintiff on his Labor Law § 240 (1) claim.

Plaintiff was a carpenter...

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