Case: Burton v. CW Equities, LLC
Court: Supreme Court, Appellate Division, First Department, New York
Date: 7/17/12
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident attorney)
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RELATED POSTS:
CONSTRUCTION WORKER FALLS OFF SCISSOR LIFT; WINS LIABILITY SUMMARY JUDGMENT UNDER NEW YORK LABOR LAW
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Facts: This construction worker plunged off a permanent concrete walkway elevated 15 feet off the ground. It passed over a pit and led to the part of the building being constructed. The walkway had no handrails. Plaintiff moved for summary judgment under New York State's Labor Law.
Held: It doesn't matter that the concrete walkway was a permanent structure. The defendants didn't properly protect plaintiff from this elevation-related construction accident risk.