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CUN-EN LIN v. HOLY MONUMENTS

3 Misc.3d 618 (2004)

777 N.Y.S.2d 248

CUN-EN LIN et al., Plaintiffs, v. HOLY FAMILY MONUMENTS et al., Defendants.

Supreme Court, Kings County.

February 24, 2004.

Attorney(s) appearing for the Case

Baxter & Smith, PC., Jericho (Robert C. Baxter of counsel), for defendants.

Caesar & Napoli, New York City (Vivian Gayed of counsel), for plaintiffs.

OPINION OF THE COURT

HERBERT KRAMER, J.

Plaintiff Lin, who was sitting on the platform of a gantry crane while reinforcing its support rods, was injured when the crane collapsed, causing him to fall to the ground. Defendant moves to dismiss plaintiff's claims under sections 200, 240 (1) and 241 (6) of the Labor Law claiming that plaintiff has failed to make out a prima facie case under any of these provisions....

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