LUPO v. PRO FOODS, LLC

1861, 107565/06, 591069/06

68 A.D.3d 607 (2009)

2009 NY Slip Op 9513

891 N.Y.S.2d 372

GIULIO LUPO, Appellant, v. PRO FOODS, LLC, et al., Respondents. (And a Third-Party Action.)

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

Decided December 22, 2009.


Plaintiff, a laborer employed by a subcontractor at a construction project, was injured when, in the course of carrying out a directive to retrieve a lighting fixture, he walked across a freshly poured concrete surface, covered with a polyplastic sheeting, and past the edge thereof, falling into an inclined opening or ramp that had been at least partially concealed by the sheeting. The motion court dismissed plaintiff's claim pursuant to Labor Law § 240 (1) on the ground...

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