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UMANZOR v. CHARLES HOFER PAINTING & WALLPAPERING, INC.

48 A.D.3d 552 (2008)

852 N.Y.S.2d 205

ERICK R. UMANZOR, Appellant, v. CHARLES HOFER PAINTING & WALLPAPERING, INC., Defendant, and CHARLES HOFER et al., Respondents. (And Third-Party Actions.)

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

Decided February 13, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

Labor Law § 240 (1) "imposes a nondelegable duty and absolute liability upon owners or contractors for failing to provide safety devices necessary for protection to workers subject to the risks inherent in elevated work sites who sustain injuries proximately caused by that failure" (Jock v Fien, 80 N.Y.2d 965, 967-968 [1992]). Owners of one- or...

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