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RICE v. WEST 37TH GROUP, LLC

7763, 101207/05, 590813/05, 590592/08, 590611/08, 590598/09.

96 A.D.3d 500 (2012)

949 N.Y.S.2d 7

2012 NY Slip Op 4676

KATHLEEN RICE, Respondent, v. WEST 37TH GROUP, LLC, et al., Appellants-Respondents, et al., Defendant. WEST 37TH GROUP, LLC, et al., Third-Party Plaintiffs-Appellants-Respondents, v. FIVE BORO ASSOCIATES, Third-Party Defendant-Respondent-Appellant. WEST 37TH GROUP, LLC, et al., Second Third-Party Plaintiffs-Appellants-Respondents, v. JOSEPH CARFI, M.D., Second Third-Party Defendant-Respondent, and BRUCE HERMAN, Ph.D., Second Third-Party Defendant. (And Other Actions.)

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

June 12, 2012.

Plaintiff was the wife of the decedent James Rice. On November 23, 2004, the decedent was employed by Five Boro as a steam fitter at a project owned and managed by West Group. The decedent sustained significant injuries when, while working 15 feet above ground on a ladder owned by defendant Cord Contracting Co., the ladder collapsed. This Court previously affirmed a finding of partial summary judgment as to liability on plaintiff's Labor Law § 240 (1) claim (Rice...

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