GARCIA v. EDGEWATER DEV. CO.


61 A.D.3d 924 (2009)

878 N.Y.S.2d 134

LUIS GARCIA, Respondent, v. EDGEWATER DEVELOPMENT COMPANY, Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided April 28, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Edgewater Development Company which was for summary judgment dismissing the plaintiff's cause of action alleging a violation of Labor Law § 240 (1) insofar as asserted against it is granted.

The plaintiff allegedly was injured when a panel of drywall struck his back as he was unloading it from a raised platform and pulling it through...

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