GREAVES v. OBAYASHI CORPORATION


55 A.D.3d 409 (2008)

866 N.Y.S.2d 47

HENDERSON GREAVES, Appellant-Respondent, v. OBAYASHI CORPORATION et al., Respondents-Appellants, et al., Defendant. (And a Third-Party Action.)

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

October 21, 2008.


Plaintiff was standing on a scaffold, while working on a portion of a concrete wall, when the wall collapsed. Concrete blocks fell against the scaffold, knocking it over and causing plaintiff to fall to the ground, where blocks fell on top of him, causing injury. The portion of the wall where plaintiff was working was neither braced nor secured.

The accident clearly fell within the scope of Labor Law § 240 (1), as the evidence shows plaintiff was struck by falling...

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