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DAHAR v. HOLLAND LADDER CO.

No. 23.

18 N.Y.3d 521 (2012)

964 N.E.2d 402

941 N.Y.S.2d 31

2012 NY Slip Op 1322

Michael Dahar, Appellant, v. HOLLAND LADDER & Manufacturing Company, et al., Defendants, Bechtel National, Inc., et al., Respondents. Bechtel Corporation et al., Third-Party Plaintiffs, v. West Metal Works, Inc., Third-Party Defendant.

Court of Appeals of New York.

Decided February 21, 2012.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria LLP, Buffalo ( John A. Collins of counsel), for appellant.

Landman Corsi Ballaine & Ford P.C., New York City ( William G. Ballaine , James M. Woolsey, III , and William Miller of counsel), for Bechtel National, Inc., respondent.

Hodgson Russ LLP, Buffalo ( Julia M. Hilliker , of counsel), for Warner G. Martin and another, respondents.

Order affirmed, with costs.

OPINION OF THE COURT

SMITH, J.

Plaintiff was injured when he fell from a ladder in a factory while cleaning a product manufactured by his employer. We hold that his activity was not protected by Labor Law § 240 (1).

I

The product in question was a steel "wall module" made by third-party defendant West Metal Works, Inc. at its plant in Cheektowaga, New York. The module was at least seven feet high: West's customer, defendant Bechtel...

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