SAWCZYSZYN v. NEW YORK UNIVERSITY

5702. 158910/14.

158 A.D.3d 510 (2018)

73 N.Y.S.3d 131

2018 NY Slip Op 01120

KRZYSZTOF SAWCZYSZYN, Respondent, et al., Plaintiff, v. NEW YORK UNIVERSITY et al., Appellants.

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

Decided February 15, 2018.


The court should have dismissed the Labor Law § 240 (1) claim. Plaintiff was allegedly injured in the course of rolling a four-wheeled cart filled with about 100 to 200 pounds of materials over an unsecured, makeshift plywood ramp which bridged an approximately five- or six-inch gap between a truck bed to a loading dock, when the ramp slipped out of place and landed on the truck bed, and the cart descended, pulling on plaintiff's arms and causing injuries. Plaintiff...

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