PRITCHARD v. TULLY CONSTRUCTION CO., INC.

2010-04254.

82 A.D.3d 730 (2011)

918 N.Y.S.2d 154

STEPHEN PRITCHARD et al., Appellants, v. TULLY CONSTRUCTION CO., INC., Respondent.

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

Decided March 1, 2011.


Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion for summary judgment on the issue of liability on so much of the complaint as alleged a violation of Labor Law § 240 (1) is granted.

The plaintiff Stephen Pritchard, a dock builder employed on a project to reconstruct a viaduct, was injured when he was struck by a motor dropped by two of his coworkers. According to the injured plaintiff, the accident occurred when his coworkers...

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