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SLUCHINSKI v. CORPORATE PROPERTY INVESTORS

258 A.D.2d 306 (1999)

685 N.Y.S.2d 179

DONALD SLUCHINSKI et al., Appellants, v. CORPORATE PROPERTY INVESTORS et al., Respondents and Third-Party Plaintiffs. CHARLES PANKOW BUILDERS, LTD., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided February 9, 1999.

Plaintiff, a construction worker, was injured when he stepped on a piece of sheetrock while standing on some debris inside a ground-level dumpster. Since plaintiff's injury did not result from his exposure to an elevation-related risk within the contemplation of Labor Law § 240 (1), the IAS Court properly determined that plaintiff may not recover for his injury pursuant to that statutory provision (see, Misseritti v Mark IV Constr. Co., 86 N.Y...

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