RZYMSKI v. METROPOLITAN TOWER LIFE INSURANCE COMPANY

Nos. 7459, 104591/07, 590892/09.

94 A.D.3d 629 (2012)

942 N.Y.S.2d 530

2012 NY Slip Op 3099

WOJCIECH RZYMSKI, Respondent, v. METROPOLITAN TOWER LIFE INSURANCE COMPANY et al., Appellants. (And Another Action.).

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

Decided April 24, 2012.


Plaintiff, a steam fitter, was installing one end of a steel pipe that weighed approximately 250 pounds, and was 20 feet long and four inches wide, into a clevis hanger when the other side of the pipe that had previously been installed, came loose, causing the pipe to strike him in the head and knock him off the ladder on which he was standing. Under these circumstances, the motion court correctly granted plaintiff's motion for partial summary judgment on his cause of action...

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