CONTRERA v. GESHER REALTY CORP.


1 A.D.3d 111 (2003)

766 N.Y.S.2d 200

HECTOR CONTRERA, Appellant, v. GESHER REALTY CORP., Respondent.

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

November 6, 2003.


Plaintiff, a welder, alleges that he was injured when, replacing a permanent outside wooden staircase at defendant's residence with one made of iron, the rotted step he was standing on gave way, causing him to fall through. Plaintiff has no cause of action under Labor Law § 240 (1) because the work did not involve risks related to elevation differentials requiring the furnishing or erection of a safety device (Carrion v Lewmara Realty Corp., 222...

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