BURGOS v. GROUP MANAGEMENT, INC.


271 A.D.2d 314 (2000)

706 N.Y.S.2d 108

RICARDO BURGOS et al., Appellants, v. GROUP MANAGEMENT, INC., et al., Respondents and Third-Party Plaintiffs. AZTEC METAL MAINTENANCE CORP., Third-Party Defendant-Respondent.

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

Decided April 18, 2000.


Plaintiff fell from a metal platform attached to the back of a work van while securing to a rack on the van's roof the dismantled sections of a scaffold that had been used to clean the marquis of defendants' hotel. Such activity does not fall within the coverage of elevation risks covered by Labor Law § 240 (1) (see, Dilluvio v City of New York, 264 A.D.2d 115, 118-119; DePuy v Sibley, Lindsay & Curr Co., ...

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