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Labor Law §240 Claim Dismissed In Case Involving Falling Object

March 30, 2009

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In <i>Marin v. AP-Amsterdam 1661 Park, LLC</i>, the plaintiff was installing a drainpipe on the exterior of an apartment building when a metal bracket dislodged, fell and struck him on the head. The Second Department affirmed summary judgment dismissing the plaintiff’s Labor Law §240 claim and denied the plaintiff's cross motion for summary judgment. The court held that the metal bracket was part of the building's permanent structure and did not require securing. Moreover, the plaintiff failed to show that the bracket fell because of the absence or inadequacy of the kind of safety device enumerated in the statute.
Thanks to Bill Kirrane for his contribution to this submission.
<a href="http://www.nycourts.gov/reporter/3dseries/2009/2009_01959.htm">http://www.nycourts.gov/reporter/3dseries/2009/2009_01959.htm</a>

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