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PROBST v. 11 W. 42 REALTY INVS., LLC

2012-03383.

106 A.D.3d 711 (2013)

965 N.Y.S.2d 513

2013 NY Slip Op 3074

RICHARD PROBST et al., Appellants-Respondents, v. 11 WEST 42 REALTY INVESTORS, LLC, et al., Respondents-Appellants. (And a Third-Party Action.)

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

Decided May 1, 2013.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

"Labor Law § 240 (1) imposes upon owners and general contractors, and their agents, a nondelegable duty to provide safety devices necessary to protect workers from risks inherent in elevated work sites" (McCarthy v Turner Constr., Inc., 17 N.Y.3d 369, 374 [2011]; see Corchado v 5030 Broadway Props., LLC...

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