SHEEHAN v. FORDHAM UNIVERSITY


259 A.D.2d 328 (1999)

687 N.Y.S.2d 22

THOMAS SHEEHAN, Respondent, v. FORDHAM UNIVERSITY et al., Appellants and Third-Party Plaintiffs-Appellants. COSNER CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

Decided March 16, 1999.


Plaintiff's testimony, corroborated by a co-worker, established a prima facie case under Labor Law § 240 (1) and § 241 (6), notwithstanding the fact that the two workers may have differed over whether the construction debris that struck plaintiff fell from the fourth floor or second floor level of the elevator shaft in which plaintiff was working (see, Gambino v Crow Constr. Co., 238 A.D.2d 190, 191). Material issues of...

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