SHAW v. SCEPTER, INC.

713 CA 19-02232.

187 A.D.3d 1662 (2020)

133 N.Y.S.3d 709

2020 NY Slip Op 05651

Mark A. Shaw, Appellant, v. Scepter, Inc., Respondent.

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

Decided October 9, 2020.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the Labor Law § 240(1) claim and the Labor Law § 241(6) claim insofar as it is premised on alleged violations of 12 NYCRR 23-1.5(c)(3) and 23-9.2(a) and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries that he sustained while unloading a man lift from...

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