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FOX v. TIOGA CONSTR. CO.

1 Misc.3d 261 (2003)

764 N.Y.S.2d 570

THEODORE FOX, JR., et al., Plaintiffs, v. TIOGA CONSTRUCTION COMPANY, INC., Defendant.

Supreme Court, Oneida County.

July 30, 2003.

Attorney(s) appearing for the Case

Michael J. Laucello for plaintiffs.

Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C. (Joseph T. Perkins of counsel), for defendant.

OPINION OF THE COURT

ROBERT F. JULIAN, J.

RELIEF REQUESTED: Plaintiff moves for summary judgment on liability pursuant to Labor Law § 240.

HOLDING: Motion granted. Plaintiff fell from an elevated work site which was not provided with required safety devices, and the defendant is liable as a matter of law pursuant to Labor Law § 240.

DISCUSSION: Plaintiff Theodore Fox, Jr. was injured on...

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