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GOMEZ v. SHARON BAPTIST BOARD OF DIRECTORS, INC.

55 A.D.3d 446 (2008)

866 N.Y.S.2d 164

GERALDO GOMEZ et al., Plaintiffs, v. SHARON BAPTIST BOARD OF DIRECTORS, INC., Defendant and Third-Party Plaintiff-Appellant. S.M. CONSTRUCTION Co., Third-Party Defendant-Respondent.

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

October 28, 2008.

Plaintiff Gomez, an employee of SMC, was injured as a result of falling from a scaffold that shifted as he performed SMC's work on premises owned by Sharon Baptist. The scaffold wheels were not locked, and plaintiff was not provided with safety devices. Plaintiff commenced an action against Sharon Baptist and was granted summary judgment on the issue of liability on his Labor Law § 240 (1) cause of action.

Supreme Court correctly denied Sharon Baptist summary...

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