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JOHNSON v. FLATBUSH PRESBYTERIAN CHURCH

29 A.D.3d 862 (2006)

815 N.Y.S.2d 260

JAMES E. JOHNSON, JR., Appellant, v. FLATBUSH PRESBYTERIAN CHURCH, Also Known as FLATBUSH CHURCH OF THE REDEEMER, Respondent.

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

May 23, 2006.

Ordered that the order is affirmed, with costs.

At the time of the subject accident, the plaintiff was standing at or near the top of an extension ladder plastering the walls and windows at the defendant Flatbush Presbyterian Church, also known as Flatbush Church of the Redeemer. It is undisputed that he was engaged in an activity specifically protected by Labor Law § 240 (1) (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d...

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