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ARRASTI v. HRH CONSTRUCTION LLC

60 A.D.3d 582 (2009)

876 N.Y.S.2d 373

ERNST ARRASTI, Respondent, v. HRH CONSTRUCTION LLC et al., Appellants, et al., Defendant.

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

Decided March 31, 2009.

The ramp from which plaintiff fell while wheeling a loaded A-frame cart full of construction materials was the sole means of access to the concrete floor, which was approximately 18 inches below the hoist platform, and was thus a device to protect against an elevation-related risk within the meaning of Labor Law § 240 (1) (see e.g. McGarry v CVP 1 LLC, 55 A.D.3d 441 [2008]). There...

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