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Uncontroverted Testimony About Fall From Scaffold Established Labor Law Claims

By WorkCompCentral

Tuesday, October 16, 2018 | 0

A New York appellate court upheld a grant of summary judgment to a construction worker for his fall from a scaffold that lacked safety rails. Case: Morocho v. Boulevard Gardens Owners Corp., No. 2017-01815, 10/10/2019, published. Facts and procedural history: Gorque Morocho allegedly fell from a scaffold while renovating a unit in an apartment building owned by the Boulevard Gardens Owners Corp. Morocho filed a Labor Law action against Boulevard, then moved for summary judgment as to the company's liability under Sections 240(1) and 241(6). Section 240(1) imposes an absolute duty on pr...

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