RUBINO v. FISHER REESE W.P. ASSOCIATES


262 A.D.2d 297 (1999)

689 N.Y.S.2d 643

MICHAEL RUBINO, Appellant, v. FISHER REESE W.P. ASSOCIATES et al., Respondents. (And a Third-Party Action.)

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

Decided June 1, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was injured when a hoist, which he was using to lift an architectural structure called a lintel, tipped and struck the backs of his legs. The plaintiff commenced this action to recover damages for alleged violations of Labor Law § 240 (1); § 241 (6) and § 200, and upon a theory of common-law negligence. By decision and order of this Court dated October 20, 1997, the...

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