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POMARZYNSKI v. PARK SCHOOL

278 A.D.2d 946 (2000)

718 N.Y.S.2d 685

TIMOTHY J. POMARZYNSKI, Respondent, v. PARK SCHOOL, Also Known as PARK SCHOOL OF BUFFALO, Defendant and Third-Party Plaintiff. NORTHEAST MECHANICAL, INC., Third-Party Defendant-Appellant.

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

Decided December 27, 2000.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1). Plaintiff demonstrated a violation of defendant's nondelegable duty to ensure that the ladder was "so constructed, placed and operated as to give proper protection" to plaintiff (Labor Law § 240 [1]) and that the statutory violation was a proximate cause of plaintiff's injuries ...

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