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KOSAVICK v. TISHMAN CONSTRUCTION CORP. OF NEW YORK

50 A.D.3d 287 (2008)

855 N.Y.S.2d 433

JAMES KOSAVICK et al., Appellants, v. TISHMAN CONSTRUCTION CORP. OF NEW YORK et al., Respondents.

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

Decided April 3, 2008.

It is uncontradicted that plaintiff, while performing demolition work, was injured when both he and the unsecured A-frame ladder he was standing on were suddenly struck by a section of pipe he had cut, causing him to fall. Plaintiff had not been provided with adequate safety devices that could be used at the location in question nor was anyone holding the ladder. Plaintiff's claims encompass both a falling object and a fall from an elevation due to inadequate safety devices...

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