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WEGNER v. STATE STREET BANK & TRUST COMPANY OF CONNECTICUT NATIONAL ASSOCIATION

298 A.D.2d 211 (2002)

748 N.Y.S.2d 150

GARY WEGNER et al., Appellants, v. STATE STREET BANK & TRUST COMPANY OF CONNECTICUT NATIONAL ASSOCIATION et al., Respondents.

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

Decided October 15, 2002.

This action is for personal injury sustained when plaintiff tripped over either a prong or leg of a pallet jack while steadying a cabinet, and twisted his back. The Labor Law § 240 (1) claim was properly dismissed because plaintiff's injury was not the result of an elevation-related risk. As is evident from plaintiff's own testimony, he was not performing work involving a significant physical change to the configuration or...

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