FONTAINE v. JUNIPER ASSOCIATES

1566.

67 A.D.3d 608 (2009)

888 N.Y.S.2d 409

2009 NY Slip Op 08695

WILLIAM E. FONTAINE, Respondent, v. JUNIPER ASSOCIATES et al., Appellants, et al., Defendant.

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

Decided November 24, 2009.


Plaintiff was injured when struck by several pieces of lumber that fell from a flatbed truck at ground level while he and coworkers were unloading the lumber by hand. The lumber, stacked at heights above plaintiff's head, had been piled inches from the edge of the flatbed. The court correctly granted plaintiff's motion for summary judgment on the issue of liability under Labor Law § 240 (1), since the accident involved an elevation-related risk within the meaning of...

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