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McBYRNE v. AMBASSADOR CONSTRUCTION CO., INC.

290 A.D.2d 243 (2002)

736 N.Y.S.2d 17

JOSEPH McBYRNE et al., Respondents, v. AMBASSADOR CONSTRUCTION CO., INC., Appellant, et al., Defendants. UNITED JEWISH APPEAL, Third-Party Plaintiff, v. FOREST ELECTRIC CORP. et al., Third-Party Defendants-Appellants.

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

Decided January 8, 2002.

As plaintiff stood on the second rung from the bottom of an "A-frame" ladder at the work site, a pencil-thick data cable which was attached, along with other similar cables, to a grid in the ceiling above him, swung away from the grid and a wire at its tip struck him in the eye, causing injury.

The IAS court denied the moving defendants' motion for summary judgment dismissing plaintiffs' claims, which were predicated upon Labor Law §§ 200, 240 (1) and &...

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