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ROBINSON v. CITY OF NEW YORK

22 A.D.3d 293 (2005)

802 N.Y.S.2d 48

RAYMOND ROBINSON, Respondent, v. CITY OF NEW YORK, Appellant, and GIBRALTAR WATERPROOFING, INC., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

October 11, 2005.

The record does not permit us to conclude, as a matter of law, that plaintiff was not entitled to the protection of Labor Law § 240 (1). Plaintiff's activity at the time of his accident, i.e., helping a coworker clear wires from the raised arms of a forklift to facilitate the machine's use in the construction of a new building, was sufficiently construction-related to be within the protective ambit of section 240 (1) (see...

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