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TOLINO v. SPEYER

289 A.D.2d 4 (2001)

733 N.Y.S.2d 418

JOSEPH TOLINO et al., Appellants, v. TISHMAN SPEYER et al., Defendants, and RICHTER AND RATNER CONTRACTING CORP., Respondent and Third-Party Plaintiff-Respondent, et al., Respondents. CORD CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

Decided December 4, 2001.

The most favorable of the conflicting versions of fact given by plaintiff alleges that he was standing on a wobbly platform lift when his fingers became wedged between a piece of sheetrock he was installing and the ceiling. Even if accepted, this would not support a cause of action under Labor Law § 240 (1), since the accident would not be gravity related (see, Ross v Curtis-Palmer Hydro-Elec. Co., 81...

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