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Eugenia Morogianis, Respondent, v. Tres, Inc., Appellant, et al., Defendants

New York Supreme Court, Appellate Division1996-06-13
228 A.D.2d 279644 N.Y.S.2d 41

Authorities cited

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Opinion

majority opinion

The record conclusively establishes plaintiff’s claim that the scaffold from which plaintiff-construction worker fell lacked the requisite safety devices and that such statutory violation was the proximate cause of his injuries. Accordingly, the mo tion court properly granted plaintiffs motion for partial summary judgment on the issue of liability (Robinson v NAB Constr. Corp., 210 AD2d 86). Concur—Rosenberger, J. P., Wallach, Nardelli and Tom, JJ.