WOWK v. BROADWAY 280 PARK FEE, LLC

Nos. 7488, 108213/08, 59115/08.

94 A.D.3d 669 (2012)

944 N.Y.S.2d 23

2012 NY Slip Op 3274

YURIY WOWK, Appellant, v. BROADWAY 280 PARK FEE, LLC, Defendant, and ISTITHMAR BUILDING 280 PARK, LLC, Respondent. (And a Third-Party Action.)

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

Decided April 26, 2012.


Plaintiff, a professional window washer, was injured while carrying water up to the scaffold upon which he worked, when he fell down the fixed exterior staircase that provided the sole means of access to the scaffold.

Exterior window washing is a protected activity under Labor Law § 240 (1) (see Broggy v Rockefeller Group, Inc., 8 N.Y.3d 675, 681 [2007]). Moreover, plaintiff's act of carrying water for washing the windows...

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