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Plaintiff was injured when an improvised scaffold collapsed, causing a wooden plank to fall and strike him in the head. The court affirmed the partial summary judgment in favor of the plaintiff on his Labor Law § 240 (1) claim against the defendants. It was found that the makeshift scaffold was inadequate as a safety device and the harm flowed directly from the force of gravity. The court also determined that the lack of certainty regarding the accident's exact preceding events or the failure to pinpoint a specific defect in the scaffold did not warrant denying the motion for summary judgment.
Agresti v. Silverstein Properties, Inc. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Plaintiff was injured when an improvised scaffold collapsed, causing a wooden plank to fall and strike him in the head. The court affirmed the partial summary judgment in favor of the plaintiff on his Labor Law § 240 (1) claim against the defendants. It was found that the makeshift scaffold was inadequate as a safety device and the harm flowed directly from the force of gravity. The court also determined that the lack of certainty regarding the accident's exact preceding events or the failure to pinpoint a specific defect in the scaffold did not warrant denying the motion for summary judgment.
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