HANVEY v. FALKE'S QUARRY, INC.


50 A.D.3d 1237 (2008)

854 N.Y.S.2d 819

MICHAEL HANVEY, Appellant, v. FALKE'S QUARRY, INC., et al., Respondents.

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

Decided April 3, 2008.


Rose, J.

Plaintiff was dismantling an elevated conveyor at a stone quarry owned by defendants when a wire "come along" device that he had used to hold one end of the conveyor in place broke and the conveyor—with plaintiff on it—fell approximately eight feet to the ground. After commencing this action alleging common-law negligence and violations of the Labor Law, plaintiff moved for partial summary judgment on the issue of liability and defendants cross...

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