CLARKE v. THE MORGAN COTRACTING CORPORATION


60 A.D.3d 523 (2009)

875 N.Y.S.2d 69

ANTHONY CLARKE et al., Respondents, v. THE MORGAN CONTRACTING CORPORATION, Appellant. (And a Third-Party Action.)

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

Decided March 19, 2009.


Plaintiff, who was employed to perform carpentry work on a construction project at SUNY Downstate Medical Center, was injured when two metal stud beams that were being hoisted from the street were dropped from a sidewalk bridge and landed on his face, chest and shoulders. Plaintiffs met their burden of demonstrating that defendant's failure to provide adequate safety devices was a contributing cause of plaintiff's injuries in violation of section 240 (1) (see Kielar v...

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