Quirk & Bakalor

Pavlou v. The City of New York

300 A.D.2nd 120 (1st Dept. 2002)

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The Appellate Division held that where a crane is being used to move materials from one spot at ground level to another spot also at ground level and the boom of the crane fractures and falls on a worker at ground level, there can be no liability pursuant to Labor Law §240. The Court of Appeals denied plaintiffs’ motion for leave to appeal at 12 N.Y. 3rd 713 (2009).