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BENAMATI v. McSKIMMING

8 A.D.3d 815 (2004)

777 N.Y.S.2d 822

JAMES BENAMATI et al., Appellants, v. HARRIS MCSKIMMING, Individually and as Pastor of Graceway Ministries, Inc., et al., Respondents.

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

June 10, 2004.

Mercure, J.

Plaintiff James Benamati and his spouse, derivatively, commenced this action against defendants alleging, among other things, violations of Labor Law §§ 200, 240 (1) and § 241 (6) and seeking to recover for injuries purportedly sustained by Benamati following his fall from a ladder in March 2002. At the time of this incident, Benamati, a mason by trade, was inspecting the chimney of a youth center...

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