GARIERI v. BROADWAY PLAZA


271 A.D.2d 569 (2000)

707 N.Y.S.2d 333

ANTONIO GARIERI et al., Appellants, v. BROADWAY PLAZA et al., Respondents.

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

Decided April 17, 2000.


Ordered that the order is affirmed, with costs payable to the respondent Broadway Plaza.

It is well settled that where a scaffold from which a plaintiff falls does not "move, collapse, or otherwise fail to perform its function of supporting the plaintiff and [his or her] materials * * * the issue of whether the device provided proper protection within the meaning of Labor Law § 240 (1) is a question of fact for the jury" (Romano v Hotel Carlyle Owners Corp...

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