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McCAY v. J.A. JONES-GMO, LLC

3078, 127838/02, 3079, 590312/03, 590546/08.

74 A.D.3d 615 (2010)

904 N.Y.S.2d 30

JAMES A. McCAY, Respondent, v. J.A. JONES-GMO, LLC, Defendant, and COLUMBIA UNIVERSITY et al., Appellants. (And a Third-Party Action.) THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK et al., Second Third-Party Plaintiffs-Appellants, v. Del SAVIO CONSTRUCTION CORP., Second Third-Party Defendant.

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

Decided June 17, 2010.

Plaintiff's testimony that he was injured when bricks falling from above caused him to step off the plywood platform on which he was carrying a bundle of steel rebar beams, and into a hole that was approximately six feet deep and four to five feet wide, suffices to show that his injuries were caused by an elevation-related risk. For purposes of section 240 (1), it does not avail defendants to argue that the accident was caused by the falling bricks (see Gallagher v New...

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