McLAUGHLIN v. MALONE & TATE BUILDERS, INC.


13 A.D.3d 859 (2004)

787 N.Y.S.2d 157

PATRICK LEE McLAUGHLIN, Appellant, v. MALONE & TATE BUILDERS, INC., Respondent.

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

December 16, 2004.


Crew III, J.P.

In July 1998, plaintiff was employed as a mason by a subcontractor of defendant, who was the general contractor on a construction project. Plaintiff was working on an outrigger at the third level of a scaffold when he was struck by two concrete blocks that fell from a stack of blocks on the level above him. As a consequence, plaintiff commenced this action alleging violations of Labor Law §§ 200, 240 (1) and § 241 (6). Following joinder...

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