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KRETZSCHMAR v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION

13 A.D.3d 270 (2004)

785 N.Y.S.2d 923

CHARLES KRETZSCHMAR et al., Appellants, v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION et al., Respondents.

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

December 21, 2004.

Plaintiff Charles Kretzschmar, an electrician, was injured in the process of removing a sign from a temporary exhibit suspended from the ceiling at the Javits Center. The motion court correctly dismissed plaintiffs' Labor Law § 240 (1) claim because the electrician was not working on a "structure" at the time of his accident (Stanislawczyk v 2 E. 61st St. Corp., 1 A.D.3d 155 [2003], lv denied 3 N.Y.3d...

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