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SOLANO v. CITY OF NEW YORK

3477, 100389/01.

77 A.D.3d 571 (2010)

909 N.Y.S.2d 357

FRANK SOLANO, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided October 26, 2010.

As the plywood plank that struck plaintiff had been deliberately dropped from a window it does not constitute a "falling object" under Labor Law § 240 (1) (see Roberts v General Elec. Co., 97 N.Y.2d 737, 738 [2002]; see also Boyle v 42nd St. Dev. Project, Inc., 38 A.D.3d 404, 407 [2007]). Accordingly, the Labor Law § 240 (1) cause of action should be dismissed as against...

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