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FIGUEROA v. CENTER ASSOCIATES

268 A.D.2d 279 (2000)

700 N.Y.S.2d 709

JAIME FIGUEROA, Appellant, v. CENTER ASSOCIATES et al., Respondents, et al., Defendant.

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

Decided January 13, 2000.

There are issues of fact as to whether plaintiff's fall was the result of an extraordinary gravity-related risk within the protective ambit of Labor Law § 240 (1) (see, Gettys v Port Auth., 248 A.D.2d 226), or was the result of some other peril arising as an ordinary and usual incident of construction (see, Nieves v Five Boro Air Conditioning & Refrig. Corp., 93 N.Y.2d 914; Papapietro...

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