BEAUCHESNE v. CITY OF NEW YORK


261 A.D.2d 145 (1999)

689 N.Y.S.2d 491

DAVID BEAUCHESNE et al., Respondents, v. CITY OF NEW YORK, Appellant. (And a Third-Party Action.)

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

Decided May 6, 1999.


Plaintiff was injured when an 80-pound stone ornament fell from the fifth floor of a building under demolition and struck him at ground level. At the time of the accident, plaintiff, who had been hired to be on the location where the accident occurred, was performing work incident to the demolition. It is conceded that protective devices required by Labor Law § 240 (1) were not employed at the demolition site. We reject defendant's contention that plaintiff's injury...

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