NUNEZ v. BERTELSMAN PROPERTY, INC.


304 A.D.2d 487 (2003)

758 N.Y.S.2d 643

JOHNNY NUNEZ, Respondent, v. BERTELSMAN PROPERTY, INC., Appellant.

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

Decided April 29, 2003.


Inasmuch as the evidence demonstrates that plaintiff fell down a staircase without handrails connecting two levels of scaffolding, there is no question that his injuries were at least partially attributable to defendant's failure to take statutorily mandated safety measures to protect him from risks arising from an elevation differential, and thus that grounds for the imposition of liability pursuant to Labor Law § 240 (1) were established (see Boss v Integral Constr...

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