MELSKI v. FITZPATRICK & WELLER, INC.

537 CA 12-01545.

107 A.D.3d 1447 (2013)

967 N.Y.S.2d 304

2013 NY Slip Op 4171

SOPHIA MELSKI, Individually and as Administrator of the Estate of PATRICK MELSKI, Deceased, Appellant, v. FITZPATRICK & WELLER, INC., Respondent and Third-Party Plaintiff. NICHOLSON & HALL CORP., Third-Party Defendant-Respondent.

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

Decided June 7, 2013.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff's decedent fell from a ladder and was injured while performing work on a boiler at a hardwood lumber plant operated by defendant. Plaintiff commenced this action seeking damages for violations of Labor Law §§ 200, 240 (1) and 241 (6), as well as for common-law negligence, and Supreme Court granted the motions of defendant and third-party defendant...

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