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ZIMMARDI v. ST. FRANCIS PREPARATORY SCHOOL

289 A.D.2d 229 (2001)

734 N.Y.S.2d 462

ROBERT ZIMMARDI et al., Appellants, v. ST. FRANCIS PREPARATORY SCHOOL, Respondent.

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

Decided December 3, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contentions, the Supreme Court properly dismissed their Labor Law § 240 (1) cause of action because the injured plaintiff's fall from a ladder was not one of the special risks contemplated by the statute, but rather, a usual or ordinary danger of his particular trade (see, Rodriguez v Tietz Ctr. for Nursing Care, 84 N.Y.2d 841

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