DOUCOURE v. ATLANTIC DEVELOPMENT GROUP, LLC


18 A.D.3d 337 (2005)

796 N.Y.S.2d 48

AMARA DEMBRA DOUCOURE, Appellant, v. ATLANTIC DEVELOPMENT GROUP, LLC, Respondent, MC AND O CONSTRUCTION, INC., Respondent-Respondent, and OGDEN AVENUE ASSOCIATES, L.P., Appellant. ATLANTIC DEVELOPMENT GROUP, LLC, et al., Third-Party Plaintiffs, v. JOY CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

May 24, 2005.


Plaintiff, a construction worker, was injured when a piece of concrete debris chipped loose by an employee of the masonry subcontractor, defendant MC and O Construction, fell down the elevator shaft of defendant Ogden's building, and struck him on the head.

Labor Law § 241-a requires that workers in elevator shafts be safeguarded by "sound planking at least two inches thick laid across the opening at levels not more than two stories above and not more than one...

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