CARDENAS v. ONE STATE STREET, LLC

1645, 113453/06

68 A.D.3d 436 (2009)

2009 NY Slip Op 8961

890 N.Y.S.2d 41

JOSE CARDENAS, Respondent-Appellant, v. ONE STATE STREET, LLC, Appellant-Respondent.

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

Decided December 3, 2009.


Contrary to defendant's contention, plaintiff was exposed to an elevation-related hazard when he was instructed to pry from the wall an 80-pound, three-foot-high-by-five-foot-wide-by-one-foot-deep electrical panel that was positioned six or seven feet above the ground, and lower it to the floor. He was thereby engaging in an activity covered by section 240 (1) (see Francis v Foremost Contr. Corp., 47 A.D.3d 672 [2008]). Plaintiff...

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