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NOVELL v. CARNEY ELEC.

123 Misc.2d 1089 (1984)

David Novell et al., Plaintiffs, v. Carney Electric Construction Corp. et al., Defendants. Carney Electric Construction Corp. et al., Third-Party Plaintiffs, v. Carneco, Inc., Third-Party Defendant.

Supreme Court, Trial Term, New York County.

April 10, 1984

Attorney(s) appearing for the Case

Schneider, Kleinick & Weitz, P. C. (Ivan Schneider of counsel), for plaintiffs. Hogan, Jones & Parisi, P. C. (Thomas Moverman of counsel), for Carney Electric Construction Corp., defendant and third-party plaintiff.

IRA GAMMERMAN, J.

Is subdivision 1 of section 240 of the Labor Law applicable only in cases involving defective equipment? Is recovery under that section limited to a case in which an injured worker falls from a height? What liability, if any, is imposed by that statute on a subcontractor? All of these questions are raised by this matter involving a construction site accident.

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