WRAY v. MORSE DIESEL INTERNATIONAL INC.


23 A.D.3d 260 (2005)

804 N.Y.S.2d 303

TERENCE WRAY, Respondent, v. MORSE DIESEL INTERNATIONAL INC., Appellant, et al., Defendants. (And Other Actions.)

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

November 17, 2005.


Plaintiff was employed as a laborer by defendant Westmont Associates, the general contractor on a public library construction project located at 365 Fifth Avenue in Manhattan. Plaintiff sustained injury shortly after he removed designated areas of concrete ceiling beams using a jackhammer. As he was handing down tools to a coworker while standing on a scaffold, a portion of the concrete ceiling collapsed. Plaintiff did not fall from the scaffold but was injured by falling...

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