MAKKIEH v. JUDLAU CONTR. INC.

6830, 161493/15.

162 A.D.3d 468 (2018)

78 N.Y.S.3d 123

2018 NY Slip Op 04112

Mahmoud Makkieh, Respondent, v. Judlau Contracting Inc. et al., Appellants, et al., Defendant.

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

Decided June 7, 2018.


Plaintiff was injured when the nylon sling attaching a one-to-two ton steel plate to an excavator snapped, causing the heavy plate to fall to the ground, bounce, and sever the pole of a nearby street sign. The impact caused the sign to be propelled toward plaintiff, hitting his right forearm and causing him serious personal injuries.

Plaintiff established a prima facie claim under Labor Law § 240 (1). As an engineer supervising the construction of the Second...

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