SLOWE v. LECESSE CONSTR. SERVS., LLC

60 CA 19-01806.

192 A.D.3d 1645 (2021)

141 N.Y.S.3d 386

2021 NY Slip Op 01887

Terry Slowe, Appellant, v. Lecesse Construction Services, LLC, et al., Respondents.

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

Decided March 26, 2021.


Attorney(s) appearing for the Case

BROWN CHIARI LLP, BUFFALO ( TIMOTHY M. HUDSON OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LAW OFFICE OF JOHN WALLACE, ROCHESTER ( VALERIE L. BARBIC OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Lindley, NeMoyer, Curran and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion with respect to the Labor Law § 241(6) claim and reinstating that claim, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages after he was injured by a component of an unbuilt mailbox structure that fell onto him at a construction site. The site was owned by defendant Stone Quarry...

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