ALEXANDER v. HART


64 A.D.3d 940 (2009)

ROGER ALEXANDER et al., Respondents, v. FABIAN M. HART et al., Appellants.

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

Decided July 9, 2009.


Kane, J.

Plaintiff Roger Alexander (hereinafter plaintiff), a service technician, fell while working on a rooftop heating, ventilation and air conditioning unit (hereinafter HVAC) at defendants' fitness center on the St. Regis Mohawk Reservation in Franklin County. To recover for his injuries, plaintiff and his wife commenced this action alleging, among other things, violations of Labor Law § 240 (1) and § 241 (6). Plaintiffs moved for summary judgment on...

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