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MORRIS v. PAVARINI CONSTR.

9 N.Y.3d 47 (2007)

874 N.E.2d 723

842 N.Y.S.2d 759

GLENFORD MORRIS, Appellant, v. PAVARINI CONSTRUCTION et al., Respondents. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided July 2, 2007.

Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York City (Scott N. Singer of counsel), for appellant.

London Fischer LLP, New York City (Daniel Zemann, Jr., Anthony D. Capasso and Daniel P. Mevorach of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

The issue is whether a Labor Department regulation requiring "forms" to be "braced or tied together so as to maintain position and shape" (12 NYCRR 23-2.2 [a]) has been violated. We hold that the question cannot be answered on this record.

Facts and Procedural History

Plaintiff, a carpenter, was working on the construction of a new building in Manhattan when...

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