BONURA v. KWK ASSOCIATES, INC.


2 A.D.3d 207 (2003)

770 N.Y.S.2d 5

JOSEPH BONURA et al., Appellants-Respondents, v. KWK ASSOCIATES, INC., et al., Respondents-Appellants. (And a Third-Party Action.)

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

December 11, 2003.


Plaintiff, an elevator mechanic, was allegedly injured when, as he stepped onto the roof of an elevator cab in defendants' building, the escape hatch cover in the cab's roof gave way under him and he fell into the cab. Plaintiff's Labor Law § 240 (1) claim was properly dismissed since the escape hatch cover was not a protective device within the contemplation of the statute and, accordingly, plaintiff's accident was not attributable to the failure of a statutorily mandated...

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