DURMIAKI v. INTERNATIONAL BUSINESS MACHINES CORPORATION

2010-10512.

85 A.D.3d 960 (2011)

925 N.Y.S.2d 628

2011 NY Slip Op 5447

SIMON DURMIAKI, Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION et al., Respondents.

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

Decided June 21, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion for summary judgment on so much of the complaint as alleged violations of Labor Law § 240 (1) is granted.

The plaintiff, a laborer working on a demolition project, was instructed by his supervisor to cut and remove a horizontal pipe located 9 to 10 feet above the ground. The pipe was suspended by hangers connected to the ceiling. The plaintiff ascended...

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