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RAU v. BAGELS N BRUNCH, INC.

57 A.D.3d 866 (2008)

870 N.Y.S.2d 111

ROBERT RAU, Appellant, v. BAGELS N BRUNCH, INC., et al., Respondents.

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

December 23, 2008.

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

Labor Law § 240 (1) provides exceptional protection for workers against the "special hazards" that arise when the work site itself either is elevated or is positioned below the level where materials or load are being hoisted or secured (see Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 500-501 [1993]; Rocovich v Consolidated Edison Co...

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