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BOYLE v. 42ND STREET DEVELOPMENT PROJECT, INC.

38 A.D.3d 404 (2007)

835 N.Y.S.2d 7

MATTHEW BOYLE et al., Respondents-Appellants, v. 42ND STREET DEVELOPMENT PROJECT, INC., et al., Respondents-Appellants. 42ND STREET DEVELOPMENT PROJECT, INC., et al., Third-Party Plaintiffs-Respondents-Appellants, v. ARCHER'S IRON WORKS, Third-Party Defendant-Appellant-Respondent, and VALLEY FORGE INSURANCE CO., Sued Herein as CNA COMMERCIAL INSURANCE, Third-Party Defendant-Respondent. (And Another Action.)

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

Decided March 27, 2007.

On July 8, 1999, plaintiff Matthew Boyle was one of a six-man crew engaged in the unloading, hoisting and installation of stringers, which are steel components that form the sides of metal stairs. The stringers, each about 10 to 13 feet long and weighing several hundred pounds, were being moved from the ground level to the building's upper floors. To achieve this, the stringers had to be hoisted through an open elevator shaft by an electrical chain fall, which was erected...

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