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Raymond H. Springer Et Al. v. Keith Clark Publishing Company

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eBook details

  • Title: Raymond H. Springer Et Al. v. Keith Clark Publishing Company
  • Author : Supreme Court of New York
  • Release Date : January 07, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 75 KB

Description

Plaintiff Raymond H. Springer (hereinafter plaintiff) was injured during the construction of an addition to a building owned by defendant Keith Clark Publishing Company; defendant Burton-Markoff Construction Company, Inc. was the general contractor on the project. At the time of his injury, plaintiff, employed by third-party defendants,1 the masonry subcontractor on the job, was laying cinder blocks while working on scaffolding about five feet off the ground. Because of intermittent periods of heavy rain, plaintiff and the workers descended from the scaffolding a number of times, returning to work on the scaffolding when the rain subsided. On the last of those occasions, all of the other workers descended before plaintiff. Plaintiff stated that when he was approximately 18 inches from the edge of the scaffolding, he slipped and fell to the ground. Plaintiffs then initiated his personal injury action based on, inter alia, violations of Labor Law ? 240 (1) and ? 241 (6). Third-party defendants moved for summary judgment dismissing the complaint and the third-party complaint. Defendants joined in the motion to dismiss the complaint. Plaintiffs cross-moved for summary judgment on the issue of liability on the cause of action brought pursuant to Labor Law ? 240 (1). Supreme Court granted defendants' and third-party defendants' motions and denied plaintiffs' cross motion. This appeal by plaintiffs followed.


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