KASH v. McCANN REAL EQUITIES DEVELOPMENTS, L. L. C.


279 A.D.2d 432 (2001)

720 N.Y.S.2d 70

DANIEL J. KASH, Respondent, v. McCANN REAL EQUITIES DEVELOPMENTS, L. L. C. et al., Appellants, and C. RAIMONDO & SONS CONSTRUCTION CO. INC., Defendant and Third-Party Plaintiff-Respondent. AVON CONTRACTORS, Third-Party Defendant-Appellant. (And Another Action.)

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

Decided January 30, 2001.


Plaintiff was performing work that involved an elevation-related risk within the contemplation of Labor Law § 240 (1) when, in the course of installing fire walls in a building under construction, he fell approximately 14 feet to the ground when a mobile scissors lift on which he was working toppled over after being driven by his co-worker over a refrigeration hole that had been left uncovered in the concrete floor. Since the scissors lift did not prevent plaintiff from...

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