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MOLLER v. CITY OF NEW YORK

43 A.D.3d 371 (2007)

840 N.Y.S.2d 901

WALTER MOLLER et al., Respondents, v. CITY OF NEW YORK et al., Appellants, et al., Defendant. (And Other Actions.)

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

Decided August 30, 2007.

Plaintiff worker was in the process of hoisting a two-ton structural piece from an elevated height to a platform. Before the piece could be placed and stabilized on the platform, the hoisting mechanism failed, causing injury to the worker. Under these circumstances, it is evident there was a violation of section 240 (1) (see e.g. Boyle v 42nd St. Dev. Project, Inc., 38 A.D.3d 404 [2007...

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