PODBIELSKI v. KMO-361 REALTY ASSOCIATES


294 A.D.2d 552 (2002)

742 N.Y.S.2d 664

PIOTR PODBIELSKI et al., Respondents, v. KMO-361 REALTY ASSOCIATES et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendant. YATES GROUP, LTD., et al., Third-Party Defendants-Appellants.

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

Decided May 28, 2002.


Ordered that the judgment is affirmed, with costs.

On December 1, 1993, the plaintiffs' decedent, a construction worker, fell to his death from a scaffold that was missing guardrails on three of its sides. The decedent was wearing a safety belt at the time of the accident, but the belt had not been tied to a safety line. "Rope grabs," parts of the safety system used to connect a worker's personal safety belt to the safety lines, were not in evidence at the job site...

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