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YING CHOY CHONG v. 457 WEST 22ND STREET TENANTS CORP.

2308, 110836/11, 590589/12.

144 A.D.3d 591 (2016)

2016 NY Slip Op 07997

42 N.Y.S.3d 116

YING CHOY CHONG, Respondent, v. 457 WEST 22ND STREET TENANTS CORP., Defendant, and BULSON MANAGEMENT LLC, Appellant. (And a Third-Party Action.).

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

Decided November 29, 2016.

Plaintiff was entitled to summary judgment on his Labor Law § 240 (1) claim where he fell from a six-foot-high Baker's scaffold, which he was directed to use in order to plaster a ceiling. The record shows that the scaffold "had no side rails, and no other protective device was provided to protect him from falling off the sides" (Vergara v SS 133 W. 21, LLC, 21 A.D.3d 279, 280 [1st...

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