MURRAY v. ARTS CENTER AND THEATER OF SCHENECTADY, INC.

509511.

77 A.D.3d 1155 (2010)

910 N.Y.S.2d 187

JOHN J. MURRAY et al., Appellants, v. ARTS CENTER AND THEATER OF SCHENECTADY, INC., Doing Business as PROCTOR'S THEATRE, et al., Respondents, et al., Defendant.

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

Decided October 21, 2010.


ROSE, J.

Plaintiff John J. Murray (hereinafter plaintiff), an ironworker hired to assist in the fabrication and erection of structural steel for a theater renovation project, was working on the first story of the structure when he fell from a beam to a concrete floor 15 feet below and was injured. Plaintiff was wearing a harness and lanyards at the time of the accident, but he was not tied off to anything. Plaintiff, and his wife derivatively, commenced this action...

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