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LANDI v. SDS WILLIAM ST., LLC

302337/08, 2285.

146 A.D.3d 33 (2016)

2016 NY Slip Op 08340

42 N.Y.S.3d 164

GLEN LANDI et al., Respondents, v. SDS WILLIAM STREET, LLC, et al., Appellants.

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

Decided December 13, 2016.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success (Christopher Simone, and Jonathan P. Shaub, of counsel), for appellants.

Fortunato & Fortunato, PLLC, Brooklyn (Louis A. Badolato and Annamarie Fortunato, of counsel), for respondents.

FRIEDMAN, J.P., RICHTER, GISCHE and KAPNICK, JJ. concur.

OPINION OF THE COURT

This appeal concerns whether Labor Law § 240 (1) applies where a heavy pallet jack being maneuvered down a ramp ran over the foot of the worker controlling it, after water on the ramp left him unable to control its descent.

Plaintiff, Glen Landi, who was employed on a construction project site...

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