O'DONNELL v. BUFFALO-DS ASSOCATES, LLC

CA 09-00332.

67 A.D.3d 1421 (2009)

889 N.Y.S.2d 335

2009 NY Slip Op 08376

JAMES O'DONNELL, Appellant, v. BUFFALO-DS ASSOCIATES, LLC, et al., Respondents.

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

Decided November 13, 2009.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained while he was attempting to raise a scaffold using a hand-operated hoisting mechanism. Plaintiff was turning the handle of the hoisting mechanism when the crank suddenly stopped, causing dislocation of his shoulder. As limited by his brief, plaintiff contends...

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