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AVILES v. CRYSTAL MGMT., INC.

253 A.D.2d 607 (1998)

677 N.Y.S.2d 330

Virgilio Aviles, Sr., Appellant, v. Crystal Management, Inc., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

September 10, 1998

The motion court properly held that the residential portion of the building from which plaintiff's decedent, a window washer, fell, did not constitute a "mercantile establishment" within the meaning of Labor Law § 2 (11), as that law existed in 1922 when the subject premises underwent renovation. Accordingly, the rules then applicable to mercantile establishments, among them rule 5 of the New York Industrial Code of 1920, requiring...

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