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CARINO v. WEBSTER PLACE ASSOCIATES, LP

45 A.D.3d 351 (2007)

845 N.Y.S.2d 60

HERMENEGILDO CARINO et al., Appellants-Respondents, v. WEBSTER PLACE ASSOCIATES, LP, et al., Respondents-Appellants.

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

Decided November 13, 2007.

Plaintiff was entitled to partial summary judgment on his Labor Law § 240 (1) cause of action, where he was injured when he fell from a ladder while in the course of removing an eight-foot-high fence at a construction site. Regardless of the method employed by plaintiff to remove the fence, the ladder provided to him was not an adequate safety device for the task he was performing and was a proximate cause of the fall and resulting...

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