1 No. 62
Alex Narducci et al.,
Respondents,
v.
Manhasset Bay Associates, et al.,
Appellants, A&D Windows, Inc., et al.,
Defendants.
_________________________________________________________________
Manhasset Bay Associates et al.,
Zausmer Frisch Associates, Inc.,
Third-Party Appellants,
&c., et al.,
v.
v.
_________________________________________________________________
2001 NY Int. 50
May 10, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Respondents. Atlantic Windows,---------------------------------
Third-Party Respondent,Zausmer Frisch Construction Co., et al.,Inc.,
Third-Party Defendant. Third-Party Respondent, (And other actions.)
v. ---------------------------------Burns Electric Co., Inc., 4 No. 63
Third-Party Respondent. Louis A. Capparelli, Jr. et
al.,--------------------------------- Appellants,(And another
third-party action.) --------------------------------- Case No. 62:
Sheldon Bunin, for appellant EBH Construction.
James K. O'Sullivan, for appellants Manhasset Bay et al.
Anita Nissan Yehuda, for third-party respondent.
Alexander J. Wulwick, for respondents. Case No. 63: Janet D. Callahan,
for appellants.
Nancy L. Pontius, for third-party respondent Burns.
Paul G. Ferrara, for respondents Zausmer Frisch, et al.
Defense Association of New York, Inc., amicus curić.
_________________________________________________________________
CIPARICK
SNIPPETS:
Alex Narducci et al., Respondents, v. Manhasset Bay Associates, et al., Appellants, A&D
Third-Party Appellants,
for appellant EBH Construction.
These appeals require us to examine the circumstances under which Labor Law § 240liability
Plaintiff Alex Narducci, an employee of Atlantic Windows, was assigned the task of removing
To oversee the restoration, Thypin hired Preferred Restoration Experts as its general
As he stood on a ladder propped against the right-most window frame sawing the frame loose,
Supreme Court denied motions by defendants Manhasset Bay Associates, Thypin Steel and EBH
Plaintiff Louis Capparelli, Jr., a journeyman electrician employed by Burns Electric Co., was
Planning to install a ceiling fixture, plaintiff climbed about half-way up an eight-foot step
From his position on the ladder, plaintiff lifted the light fixture into the ceiling grid so
Plaintiff's next step would have been to secure the fixture to the ceiling grid by twisting
The Appellate Division modified by granting the cross-motion of third party defendant Burns
Even "a violation of ) cannot 'establish liability if the statute is intended to protect
With respect to falling objects, Labor Law § 240applies where the falling of an object is
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