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MEADE v. ROCK-MCGRAW, INC.

307 A.D.2d 156 (2003)

760 N.Y.S.2d 39

PATRICK MEADE, Appellant, v. ROCK-McGRAW, INC., et al., Respondents. MORGAN STANLEY & CO., INCORPORATED, Third-Party Plaintiff-Respondent, v. A. PAPA JOHN CO., Third-Party Defendant-Respondent.

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

June 5, 2003.

Attorney(s) appearing for the Case

David H. Perecman of counsel (David H. Perecman & Associates, PLLC, attorneys), for appellant.

Christopher P. Kohn of counsel (William J. Smith and Kent B. Dolan on the brief; Lifflander Reich & Smith LLP, attorneys), for respondents.

John Sandercock of counsel (Steven B. Prystowsky on the brief; Lester Schwab Katz & Dwyer, LLP, attorneys), for third-party defendant-respondent.

BUCKLEY, P.J., and ANDRIAS, J., concur with SULLIVAN, J.; MAZZARELLI, J., dissents in a separate opinion.

OPINION OF THE COURT

SULLIVAN, J.

This appeal presents the interplay of two recurring issues in the profusion of litigation spawned by the Scaffold Law, Labor Law § 240 (1). The injured worker contends that the owner and lessees of the construction site where he was injured failed to provide him with any safety devices. On the other hand, the owner/lessees contend that the worker was provided with one of the statute's enumerated safety devices, which...

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