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Warsaw v. Eastern Rock Products, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
May 28, 1993
193 A.D.2d 1115 (N.Y. App. Div. 1993)

Opinion

May 28, 1993

Appeal from the Supreme Court, Erie County, Wolfgang, J.

Present — Denman, P.J., Pine, Balio, Fallon and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Plaintiff, an employee of third-party defendant, Machinery Repair Corporation, was rendered a paraplegic in October 1987 while repairing a cone crusher, a machine used to crush stones for highway paving. His Labor Law § 240 (1) and § 241 (6) claims against defendant Eastern Rock Products, Inc., the owner of the machine, and defendant Rexnord, Inc., the manufacturer of the machine, were properly dismissed. Plaintiff was not engaged in a protected activity within Labor Law § 240 (1) or § 241 (6). Rather, plaintiff was engaged in his "normal occupation" of repairing machinery at a repair shop, a task not a part of any construction project or any renovation or alteration to the repair shop itself (see, Jock v Fien, 176 A.D.2d 6, 9, mod on other grounds 80 N.Y.2d 965).


Summaries of

Warsaw v. Eastern Rock Products, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
May 28, 1993
193 A.D.2d 1115 (N.Y. App. Div. 1993)
Case details for

Warsaw v. Eastern Rock Products, Inc.

Case Details

Full title:VINCENT WARSAW, Appellant, v. EASTERN ROCK PRODUCTS, INC., et al.…

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

Date published: May 28, 1993

Citations

193 A.D.2d 1115 (N.Y. App. Div. 1993)
599 N.Y.S.2d 207

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Preston v. APCH, Inc.

N.Y.3d at 525, 941 N.Y.S.2d 31, 964 N.E.2d 402 ). "While the reach of section 240(1) is not limited to work…

Poulin v. E.I. DuPont DeNemours Co.

474 N.Y.S.2d at 594. More on point is Warsaw v. Eastern Rock Products, Inc., 193 A.D.2d 1115, 599 N.Y.S.2d…