ANGAMARCA v. [And a Third-Party Action].

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

Nixon ANGAMARCA, et al., Plaintiffs-Respondents, v. SILVERSTEIN PROPERTIES, INC., et al., Defendants-Appellants, Ambassador Construction Corp., Defendant. [And a Third-Party Action].

Decided: March 22, 2005

ANDRIAS, J.P., MARLOW, GONZALEZ, SWEENY, JJ. Leahey & Johnson, P.C., New York (Peter James Johnson, Jr. of counsel), for appellants. Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for respondents.

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered March 2, 2004, on a jury verdict awarding plaintiffs damages in the principal amount of $1,670,376, unanimously affirmed, without costs.

 Plaintiff Nixon Angamarca suffered serious injuries when he fell from a scaffold while engaged in asbestos removal.   His fall from an elevated height entitled him to the protection of Labor Law § 240(1) (see Covey v. Iroquois Gas Transmission Sys., 89 N.Y.2d 952, 655 N.Y.S.2d 854, 678 N.E.2d 466 [1997] ), notwithstanding his engagement in a task other than actual construction (see Campisi v. Epos Contr. Corp., 299 A.D.2d 4, 747 N.Y.S.2d 218 [2002] ).   Even assuming that the scaffold did have guardrails, as defendants maintain, the fact remains that “the safety devices provided to plaintiff did not properly protect him from an elevation-related hazard” (Torres v. Monroe Coll., 12 A.D.3d 261, 262, 785 N.Y.S.2d 57 [2004] ).

 The award for past and future loss of earnings was appropriately documented through, inter alia, pay stubs showing hourly and overtime wages, and union records.   Examination of the trial record does not reveal any conduct on the part of the trial judge which rises to the level of reversible error.

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