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MARTIN v. A-1 COMPACTION, INC.

262 A.D.2d 537 (1999)

692 N.Y.S.2d 450

HELEN MARTIN, as Administrator of the Estate of ROGER MARTIN, Deceased, Appellant, v. A-1 COMPACTION, INC., et al., Respondents, et al., Defendants.

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

Decided June 21, 1999.

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

The decedent was fatally injured when he jumped up and down on the conveyor belt of a wood chipper in order to collapse the belt so the chipper could be moved. Labor Law § 240 (1) was designed to provide "exceptional protection" for workers against the "special hazards" that arise when the work site either is itself elevated or is positioned below the level where "materials or...

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