COYAGO v. MAPA PROPERTIES, INC.

2906, 18749/07

73 A.D.3d 664 (2010)

901 N.Y.S.2d 616

YACOMO COYAGO, Appellant-Respondent, v. MAPA PROPERTIES, INC., Respondent-Appellant.

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

Decided May 27, 2010.


Plaintiff, a torch operator employed by nonparty Brookfield Auto Wreckers, was directed to dismantle a boat at a facility, on premises leased to Brookfield by defendant, where assorted items were regularly brought for demolition and sold for their component parts. Plaintiff was using a flame torch to demolish the boat when an explosion occurred, causing him to sustain injury.

A Labor Law § 241 (6) claim requires that there be a violation of some specific safety...

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