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GONZALEZ v. GLENWOOD MASON SUPPLY CO., INC.

41 A.D.3d 338 (2007)

839 N.Y.S.2d 74

JUAN CARLOS GONZALEZ, Appellant-Respondent, v. GLENWOOD MASON SUPPLY CO., INC., et al., Respondents-Appellants, and SUPERIOR BLOCK CORP., Respondent. BOVIS LEND LEASE, INC., Formerly Known as BOVIS CONSTRUCTION CORP., Sued Herein as BOVIS CONSTRUCTION, INC., et al., Third-Party Plaintiffs, v. NEW TOWN CORP., Third-Party Defendant-Respondent-Appellant, et al., Third-Party Defendants.

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

Decided June 28, 2007.

Plaintiff was hit with a load of cinder blocks that became loose and fell on him as it was being hoisted from a flatbed truck by a fork boom and lowered onto a pallet near where he was standing. The load consisted of a cube of 96 blocks, was secured by layers of shrinkwrap, and weighed about 4,000 pounds. This elevation risk fell within the ambit of section 240, and warrants summary judgment (cf. Toefer v Long Is. R.R., ...

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