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JOSEPH v. CITY OF NEW YORK

1689, 153735/12.

143 A.D.3d 489 (2016)

2016 NY Slip Op 06649

38 N.Y.S.3d 556

LINDY JOSEPH et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided October 11, 2016.

Plaintiff Lindy Joseph was struck by a pipe while it was being flushed clean with a highly pressurized mixture of air, water, and a rubber "rabbit" device. The movement of this mixture through the pipe failed to bring the mechanism of plaintiff's injury within the ambit of section 240 (1) because it did not involve "the direct consequence of the application of the force of gravity to an object" (Gasques v State of New York,...

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