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GREAVES v. OBAYASHI CORPORATION

61 A.D.3d 570 (2009)

877 N.Y.S.2d 299

HENDERSON GREAVES, Plaintiff, v. OBAYASHI CORPORATION et al., Appellants, and TOTAL SAFETY CONSULTING, LLC, Respondent, et al., Defendant. OBAYASHI CORPORATION et al., Third-Party Plaintiffs-Appellants, et al., Third-Party Plaintiff, v. TOTAL SAFETY CONSULTING, LLC, Third-Party Defendant-Respondent.

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

Decided April 23, 2009.

When a concrete wall on which plaintiff was working collapsed, concrete blocks fell against the unsecured scaffold he was standing on, knocking it over and causing him to fall to the ground. The portion of the wall where plaintiff was working was neither braced nor secured, and he was not wearing a harness.

Upon reargument, the court erred in determining that there was no issue of fact as to whether Total Safety had the...

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