ROSA v. R.H. MACY CO. INC.


272 A.D.2d 87 (2000)

707 N.Y.S.2d 407

CEASAR ROSA, Respondent, v. R.H. MACY CO. INC. et al., Defendants, and U.S.A. CONTRACTING CORP. et al., Appellants. U.S.A. CONTRACTING CORP., Third-Party Plaintiff-Appellant-Respondent, et al., Third-Party Defendants.

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

Decided May 4, 2000.


The hard hat that plaintiff was wearing did not, as a matter of law, give "proper protection" within the meaning of Labor Law § 240 (1), which speaks in terms of "devices" that can be "constructed, placed and operated." Since no such devices were given to plaintiff, and since the falling of a heavy object from a height of 25 to 30 feet "is precisely the sort of extraordinary elevation-related risk that Labor Law § 240 (1) was intended to address," Macy's and Artkraft...

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