KOLLBECK v. 417 FS REALTY LLC.


4 A.D.3d 314 (2004)

772 N.Y.S.2d 688

WILLIAM L. KOLLBECK et al., Respondents, v. 417 FS REALTY LLC et al., Appellants. (And a Third-Party Action.)

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

February 26, 2004.


Plaintiff employee and his coworkers were instructed to move a mechanical "chain block" hoist that was suspended from a steel I-beam directly over a 12-story stairwell. No safety device was provided for the removal of the object which, with the chain attached, was concededly too heavy for one worker to lift. Plaintiff draped the chain over a railing at the top of the stairwell and gradually lowered the object. When the chain began to slip through his hands, he tightened his...

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