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BIACA-NETO v. BOSTON RD II HOUSING DEVELOPMENT FUND CORPORATION

650018/15.

176 A.D.3d 1 (2019)

107 N.Y.S.3d 7

2019 NY Slip Op 06142

WALDEMAR BIACA-NETO et al., Appellants, v. BOSTON ROAD II HOUSING DEVELOPMENT FUND CORPORATION et al., Respondents.

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

Decided August 13, 2019.

Attorney(s) appearing for the Case

Law Offices of Lawrence P. Biondi, Garden City ( Lisa M. Comeau and Lawrence B. Biondi of counsel), for appellants.

Kaufman Borgeest & Ryan LLP, Valhalla ( Jacqueline Mandell and Rebecca Barrett of counsel), for respondents.

OPINION OF THE COURT

The main focus of our appellate review addresses where to locate the boundaries of a defendant's responsibilities under Labor Law § 240(1) when a worker is injured upon exiting a scaffold by an impermissible means when a safe mode of exit is readily available. The record evidence amply supports the motion...

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