MEGNA v. TISHMAN CONSTRUCTION CORPORATION OF MANHATTAN


306 A.D.2d 163 (2003)

762 N.Y.S.2d 63

MICHAEL MEGNA, Respondent, v. TISHMAN CONSTRUCTION CORPORATION OF MANHATTAN et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided June 19, 2003.


Plaintiff, an elevator helper at a construction site, was injured when a temporary two-step wooden staircase leading to a temporary wooden landing collapsed under his weight and he fell to the ground. As the temporary stairway was being used to facilitate plaintiff's access to a different elevation level, and therefore indisputably an elevation device within the meaning of Labor Law § 240 (1) (see Hargobin v K.A.F.C.I. Corp., 282 A.D.2d 31

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