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Terry v. Young Men's Hebrew Ass'n of Washington Heights, Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 27, 1990
168 A.D.2d 399 (N.Y. App. Div. 1990)

Opinion

December 27, 1990

Appeal from the Supreme Court, New York County (Beverly Cohen, J.).


Plaintiff, an employee of third-party defendant, Careful Cleaning Contractors, was injured when he fell three stories while cleaning a window on premises owned by defendant and third-party plaintiff Young Men's Hebrew Association of Washington Heights, Inc. The record indicates that plaintiff leaned out of a third-floor window to clean its exterior when part of the window frame gave way. Plaintiff had not been provided with a safety belt, window anchors, safety line or other devices.

Pursuant to Labor Law § 240 (1), the defendant owner is liable as a matter of law. (See, Yaeger v. New York Tel. Co., 148 A.D.2d 308. ) The fact that plaintiff also sought recovery under section 202 Lab. of the Labor Law, specifically pertaining to "window cleaning", does not preclude plaintiff from relying on section 240.

Concur — Kupferman, J.P., Carro, Asch and Wallach, JJ.


Summaries of

Terry v. Young Men's Hebrew Ass'n of Washington Heights, Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 27, 1990
168 A.D.2d 399 (N.Y. App. Div. 1990)
Case details for

Terry v. Young Men's Hebrew Ass'n of Washington Heights, Inc.

Case Details

Full title:GEORGE TERRY, Respondent, v. YOUNG MEN'S HEBREW ASSOCIATION OF WASHINGTON…

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

Date published: Dec 27, 1990

Citations

168 A.D.2d 399 (N.Y. App. Div. 1990)
563 N.Y.S.2d 408

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