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SPENCER v. 322 PARTNERS, L.L.C.

8583, 160133/14.

170 A.D.3d 415 (2019)

93 N.Y.S.3d 554

2019 NY Slip Op 01523

William Spencer, Appellant, v. 322 Partners, L.L.C., Respondent.

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

Decided March 5, 2019.

Although plaintiff injured his elbow when the ladder he was using in defendant's building fell over, he is not entitled to relief under Labor Law § 240 (1) since he was not engaged in construction-related activity at the time of his accident (see Rhodes-Evans v 111 Chelsea LLC, 44 A.D.3d 430, 431-433 [1st Dept 2007]). Plaintiff's actions of opening a splice box affixed to the wall...

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