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SCOTT v. AMERICAN MUSEUM OF NATURAL HISTORY

3 A.D.3d 442 (2004)

771 N.Y.S.2d 499

GLENN SCOTT, Respondent-Appellant, v. AMERICAN MUSEUM OF NATURAL HISTORY et al., Appellants-Respondents, et al., Defendant.

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

January 27, 2004.

Plaintiff, a stone derrickman, was injured while engaged in construction work on defendant Museum's premises when a forklift operated by a coworker backed up over his leg. Contrary to the motion court's holding, the safety regulation governing the backing up of "motor trucks" (12 NYCRR 23-9.7 [d]) is not applicable to the facts of this case since plaintiff's injury was caused by the operation of a forklift. The safety regulations...

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