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MILLARD v. HUEBER-BREUER CONSTRUCTION COMPANY, INC.

4 A.D.3d 817 (2004)

772 N.Y.S.2d 173

ALLEN MILLARD, Appellant, v. HUEBER-BREUER CONSTRUCTION COMPANY, INC., et al., Respondents. (Appeal No. 2.)

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

February 11, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action seeking damages for injuries that he sustained in an accident at a construction site, asserting, inter alia, claims under Labor Law § 240 (1) and § 241 (6). The record establishes that plaintiff was injured while standing within the railed platform of a movable manlift, next to an unsecured...

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