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OLSZEWSKI v. PARK TERRACE GARDENS, INC.

306 A.D.2d 128 (2003)

763 N.Y.S.2d 246

TADEUSZ OLSZEWSKI et al., Respondents, et al., Plaintiff, v. PARK TERRACE GARDENS, INC., et al., Appellants, et al., Defendant. PARK TERRACE GARDENS, INC., et al., Third-Party Plaintiffs-Respondents-Appellants, et al., Third-Party Plaintiff, v. PLAZA RESTORATION INC., Third-Party Defendant-Appellant-Respondent.

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

Decided June 17, 2003.

Defendants' recalcitrant worker defense, predicated on plaintiff's failure to secure the harness he had been furnished to the safety line, is unavailing, there being no dispute that the scaffold was defective, and there being no evidence that plaintiff was given an "immediate instruction" to use the harness (Sanango v 200 E. 16th St. Hous. Corp., 290 A.D.2d 228, 228-229 [2002], citing...

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