GUZMAN v. L.M.P. REALTY CORP.


262 A.D.2d 99 (1999)

691 N.Y.S.2d 483

MIGUEL A. GUZMAN, Respondent, v. L.M.P. REALTY CORP. et al., Appellants. L.M.P. REALTY CORP., Third-Party Plaintiff-Appellant, v. UNITED CONSULTING SERVICES, Third-Party Defendant, and PRACTICAL CONSTRUCTORS, LTD., Third-Party Defendant-Respondent.

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

Decided June 10, 1999.


Dragone leased commercial space in Queens from defendant L.M.P. Realty. The landlord contracted with third-party defendant United Consulting Services for restoration of a building on the premises. During the construction, plaintiff, an employee of the subcontractor, third-party defendant Practical Constructors, was injured when he fell from a ladder whose legs allegedly gave way.

Absolute liability under the Scaffold Act (Labor Law § 240 [1]) applies to "contractors...

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