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URBANO v. PAVARINI CONSTRUCTION CO., INC.

16 A.D.3d 320 (2005)

792 N.Y.S.2d 425

JACINTO URBANO, Respondent, v. PAVARINI CONSTRUCTION CO., INC., Appellant, and MADISON 45 LLC, Respondent. PAVARINI CONSTRUCTION CO., INC., Third-Party Plaintiff-Appellant, v. GENERAL INDUSTRIAL SERVICES CORP., Third-Party Defendant-Respondent. (And Another Action.)

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

March 31, 2005.

The evidence demonstrated without contradiction that plaintiff, while engaged in demolition work at a construction site, fell some 30 feet and sustained injuries when the defectively constructed outrigger scaffold upon which he was stationed gave way and his improperly secured lifeline failed. Liability under Labor Law § 240 (1) was thus established against defendant building owner Madison and defendant general contractor Pavarini (see Desouter v HRH Constr. Corp...

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