TURCZYNSKI v. CITY OF NEW YORK


17 A.D.3d 450 (2005)

793 N.Y.S.2d 132

ANTONI TURCZYNSKI, Appellant, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent. PASSAL CONTRACTING CORP., Third-Party Defendant-Respondent.

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

April 11, 2005.


Ordered that the order is affirmed, with one bill of costs.

Labor Law § 240 (1) applies where the falling of an object is related to "a significant risk inherent in . . . the relative elevation. . . at which materials or loads must be positioned or secured" (Rocovich v Consolidated Edison Co., 78 N.Y.2d 509, 514 [1991]). Thus, to establish liability under Labor Law § 240 (1), a plaintiff must show more than simply...

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