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IBEX CONSTR., LLC v. UTICA NATL. ASSUR. CO.

57 A.D.3d 245 (2008)

868 N.Y.S.2d 652

IBEX CONSTRUCTION, LLC, et al., Appellants-Respondents, v. UTICA NATIONAL ASSURANCE COMPANY, Respondent-Appellant.

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

December 4, 2008.

The allegations in the personal injury complaint, and the subsequent trial thereof, make clear that the plaintiff in the underlying action claimed he fell from an improperly secured ladder provided by his employer, defendant's insured and a subcontractor of IBEX. In a post-trial appeal, this Court held that IBEX was liable to the employee, pursuant to Labor Law § 240 (1) (see Bradley v IBEX Constr., LLC, 54 A.D.3d 626, 627 ...

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