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BUSH, III v. GREGORY/MADISON AVENUE, LLC

308 A.D.2d 360 (2003)

764 N.Y.S.2d 262

ERNEST BUSH, III, et al., Respondents, v. GREGORY/ MADISON AVENUE, LLC, et al., Appellants.

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

Decided September 16, 2003.

Summary judgment dismissing plaintiffs' Labor Law § 240 (1) cause of action was properly denied inasmuch as the record discloses the existence of triable issues of fact respecting whether a statutorily enumerated protective device would have been "necessary or even expected" to shield plaintiff, an ironworker, from the improperly secured angle iron that struck him as it fell from the floor above his work site (see Roberts...

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