PURICELLI v. NORTHSTAR CONSTRUCTION, INC.


15 A.D.3d 856 (2005)

788 N.Y.S.2d 762

DOMENIC F. PURICELLI, Appellant, v. NORTHSTAR CONSTRUCTION, INC., Respondent.

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

February 4, 2005.


Memorandum: Supreme Court properly denied that part of plaintiff's motion seeking partial summary judgment on liability on the Labor Law § 200 claim and the common-law negligence cause of action. Plaintiff was struck in the back by a piece of plywood thrown by defendant's employee from a second floor window. Defendant's employee was attempting to throw the plywood into a dumpster beneath the window, and plaintiff was bent over near the dumpster when the plywood struck...

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