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Vessio v. Ador Converting & Biasing, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1995
215 A.D.2d 648 (N.Y. App. Div. 1995)

Opinion

May 22, 1995

Appeal from the Supreme Court, Kings County (Ramirez, J.).


Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion is denied.

The work engaged in by the injured plaintiff at the time of his accident, replacing a burner in a boiler, constituted the repair of a structure covered by Labor Law § 240 (1) (see, Lewis-Moors v Contel of N.Y., 78 N.Y.2d 942; Izrailev v Ficarra Furniture, 70 N.Y.2d 813; Kinsler v Lu-Four Assocs., 215 A.D.2d 631 [decided herewith]; Buckley v Radovich, 211 A.D.2d 652). However, a question of fact exists concerning whether the ladder in question was adequate under the circumstances to provide the injured plaintiff with proper support (see, Walsh v Applied Digital Data Sys., 190 A.D.2d 731; Blair v Rosen-Michaels, Inc., 146 A.D.2d 863). Rosenblatt, J.P., Ritter, Pizzuto and Krausman, JJ., concur.


Summaries of

Vessio v. Ador Converting & Biasing, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1995
215 A.D.2d 648 (N.Y. App. Div. 1995)
Case details for

Vessio v. Ador Converting & Biasing, Inc.

Case Details

Full title:JOSEPH VESSIO et al., Respondents, v. ADOR CONVERTING BIASING, INC.…

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

Date published: May 22, 1995

Citations

215 A.D.2d 648 (N.Y. App. Div. 1995)
628 N.Y.S.2d 305

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