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RIVERA v. K&B FURNITURE CO., INC.

301 A.D.2d 403 (2003)

753 N.Y.S.2d 82

JOSE RIVERA, Appellant, v. K&B FURNITURE CO., INC., Defendant, and INDUSTRIAL DEVELOPMENT AGENCY, Respondent. (And a Third-Party Action.)

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

Decided January 14, 2003.

Plaintiff was employed on a construction project at premises leased by defendant K&B Furniture Co., Inc. (K&B) and owned by defendant IDA. While plaintiff was standing on a ladder to install a ceiling fan, the ladder tipped over, causing plaintiff to fall to the floor. Plaintiff subsequently commenced this action against K&B and IDA, in which he asserts a cause of action under Labor Law § 240 (1), inter alia. Although the IAS court correctly granted plaintiff...

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