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Pagano v. Colonial Sand Gravel Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1980
75 A.D.2d 578 (N.Y. App. Div. 1980)

Opinion

April 7, 1980


In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered October 26, 1978, which dismissed the complaint as against the respondents. Judgment affirmed, without costs or disbursements. On the facts as stipulated by the parties, plaintiff was an employee of a joint venture at the time he was injured in a fall from a scaffold. Section 240 Lab. of the Labor Law imposes a duty upon all contractors, owners and their agents to properly protect employees who use scaffolds. However, the liability for violations of such duty is subsumed into the employer's general liability under the Workers' Compensation Law, which is made "exclusive and in place of any other liability whatsoever" by section 11 thereof. Mollen, P.J., Hopkins, Damiani and Titone, JJ., concur.


Summaries of

Pagano v. Colonial Sand Gravel Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1980
75 A.D.2d 578 (N.Y. App. Div. 1980)
Case details for

Pagano v. Colonial Sand Gravel Co., Inc.

Case Details

Full title:MARIO PAGANO, Appellant, v. COLONIAL SAND GRAVEL CO., INC., Defendant, and…

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

Date published: Apr 7, 1980

Citations

75 A.D.2d 578 (N.Y. App. Div. 1980)

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