McGARRY v. CVP 1 LLC


55 A.D.3d 441 (2008)

866 N.Y.S.2d 76

PATRICK McGARRY, SR., et al., Respondents-Appellants, v. CVP 1 LLC et al., Appellants-Respondents.

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

October 23, 2008.


Plaintiff Patrick McGarry, Sr. was injured when the first block on an unsecured cinder block staircase, leading from a platform supporting a material hoist to the concrete slab floor of the work site three feet below, skidded from under his foot.

The court correctly granted summary judgment on plaintiff's section 240 (1) claim. The makeshift staircase was being used as access to different levels of the work site, including the floor where the injured plaintiff's safety...

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