GONZALEZ v. 1251 AMERICAS ASSOCIATES


262 A.D.2d 210 (1999)

693 N.Y.S.2d 107

FRANCISCO GONZALEZ, Respondent, v. 1251 AMERICAS ASSOCIATES, Appellant.

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

Decided June 22, 1999.


Defendant's liability under section 240 (1) was established as a matter of law by the uncontradicted evidence that plaintiff was injured when he fell from a moving scaffold that, while less than 20 feet high, lacked guardrails or other protective devices despite a foreseeable accumulation of water on its platform caused by the continuous spraying that was a necessary part of the asbestos removal work plaintiff was performing (...

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