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HERNANDEZ v. 151 SULLIVAN TENANT CORP.

307 A.D.2d 207 (2003)

762 N.Y.S.2d 603

ALONSO HERNANDEZ, Respondent, v. 151 SULLIVAN TENANT CORP., Respondent, and JUMBO CONSTRUCTION CORP., Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided July 10, 2003.

Plaintiff was severely injured when a hoist, to which he had attached the line from his safety harness, collapsed and dragged him over the side of a six-story building. The record contains unrefuted testimony that the counterweights had been removed from the hoist and that a "tie back" securing the hoist to the structure had either been removed or had failed when the hoist collapsed. It is uncontested that the hoist was not "so constructed, placed and operated as to give...

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