Order unanimously reversed on the law
Memorandum:
Michael A. Leo (plaintiff), an employee of third-party defendant, Niagara Erecting, Inc. (Niagara), was injured when he fell approximately 40 feet while erecting a beam of structural steel. Plaintiffs allege that plaintiff fell when struck by a beam of iron or steel that was being hoisted by a crane to his location. It is undisputed...
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