Court of Appeals of New York

In an appeal from a judgment of the trial court denying defendant's motion for summary judgment on a Labor Law section 241(6) dispute, judgment is affirmed where Section 240 (1) does not preclude recovery for a worker who sustains an injury caused by a falling object whose base stands at the same level as the worker so that plaintiff was required to show that subject pipes fell or collapsed due to wind pressure or vibration in order to state a claim under 13 NYCRR 23-3.3(b) (3).

Appellate Information

• Decided 10/25/2011
• Published 10/25/2011

Judges

• CIPARICK

Court

• Court of Appeals of New York

Counsel