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VENEZIA v. STATE

57 A.D.3d 522 (2008)

868 N.Y.S.2d 710

DAMIAN VENEZIA, Appellant, v. STATE OF NEW YORK, Respondent.

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

December 2, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

Labor Law § 241 (6) imposes a nondelegable duty of reasonable care upon an owner or general contractor to provide reasonable and adequate protection to workers on the premises (see Rizzuto v L.A. Wenger Contr. Co., 91 N.Y.2d 343 [1998]). In order to establish liability under Labor Law § 241 (6), a claimant is required to establish a breach...

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