SMITH v. XAVERIAN HIGH SCHOOL


270 A.D.2d 246 (2000)

703 N.Y.S.2d 526

ROBERT SMITH, Respondent, v. XAVERIAN HIGH SCHOOL et al., Respondents, and T. MORIARTY & SONS, INC., Defendant and Third-Party Plaintiff-Appellant. ALL BORO CONSTRUCTION et al., Third-Party Defendants-Respondents.

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

Decided March 6, 2000.


Ordered that the orders are affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Labor Law § 240 (1) imposes a nondelegable duty upon owners and contractors to provide or cause to be furnished certain safety devices for workers on an elevated work site, and the absence of appropriate safety devices constitutes a violation of the statute as a matter of law (see, Ross v Curtis-Palmer Hydro...

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