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FONTAINE v. JUNIPER ASSOC.

21742/2005.

2009 NY Slip Op 29441

WILLIAM E. FONTAINE, Plaintiff v. JUNIPER ASSOCIATES, DURST ORGANIZATION, INC., M & T REAL ESTATE, INC., AND HALL-WOLLFORD TANK CO., Defendants.

Supreme Court, Bronx County.

Decided June 30, 2009.

Attorney(s) appearing for the Case

Talay Hafiz Esq., DeAngelis & Hafiz, Mount Vernon, NY, for Plaintiff.

Patrick Colligan Esq., Law Office of Thomas K. Moore, White Plains, NY, for Defendants Juniper Associates, Durst Organization, Inc., and M & T Real Estate, Inc.

Paul Goodovitch Esq. and Marc Schultz Esq., Jacobson & Schwartz, Rockville Centre, NY, for Defendant Hall-Wollford Tank Co.

Lucy Billings, J.

I. BACKGROUND

This decision determines that, even though the Court of Appeals in Toefer v. Long Is. R.R., 4 N.Y.3d 399 (2005), foreclosed liability under New York Labor Law § 240(1) for a fall from a flatbed truck, plaintiff still may establish defendants' liability for materials that fell onto him from a flatbed above. Furthermore, even though the Appellate Division in Buckley v...

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