KIELAR v. THE METROPOLITAN MUSEUM OF ART


55 A.D.3d 456 (2008)

866 N.Y.S.2d 629

WIOLETA KIELAR as Administratrix of the Estate of MARCIN KIELAR, Deceased, et al., Respondents, v. THE METROPOLITAN MUSEUM OF ART et al., Appellants, et al., Defendant. THE METROPOLITAN MUSEUM OF ART, Third-Party Plaintiff-Appellant-Respondent, v. R. SMITH RESTORATION, INC., Third-Party Defendant-Respondent-Appellant.

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

October 28, 2008.


Evidence entitling plaintiffs to summary judgment on the Labor Law § 240 (1) claim establishes that her decedent, pursuant to the employer's contract with the museum to, among other things, recaulk and seal glass skylights on the museum roof, was working on the roof 60 feet above the ground; that he and his coworkers had to move counterweights across the roof in order to utilize the swing-stage scaffolding; that the safety...

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