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The plaintiff, injured while dismantling an elevated conveyor at a stone quarry, initiated legal action alleging common-law negligence and violations of the Labor Law. The Supreme Court granted defendants' cross-motion for summary judgment, finding the plaintiff a 'recalcitrant worker.' On appeal, the court determined that the conveyor served as a scaffold, establishing a prima facie case under Labor Law § 240 (1). Defendants argued plaintiff's misuse of equipment and refusal to use an available chain fall as safety devices. The Appellate Division found conflicting evidence regarding the availability and use of safety devices, thereby creating questions of fact. Consequently, the Appellate Division modified the Supreme Court's order, reversing the dismissal of the Labor Law § 240 (1) cause of action and denying defendants' cross-motion for summary judgment to that extent, while affirming the order as modified.
Hanvey v. Falke's Quarry, 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
The plaintiff, injured while dismantling an elevated conveyor at a stone quarry, initiated legal action alleging common-law negligence and violations of the Labor Law. The Supreme Court granted defendants' cross-motion for summary judgment, finding the plaintiff a 'recalcitrant worker.' On appeal, the court determined that the conveyor served as a scaffold, establishing a prima facie case under Labor Law § 240 (1). Defendants argued plaintiff's misuse of equipment and refusal to use an available chain fall as safety devices. The Appellate Division found conflicting evidence regarding the availability and use of safety devices, thereby creating questions of fact. Consequently, the Appellate Division modified the Supreme Court's order, reversing the dismissal of the Labor Law § 240 (1) cause of action and denying defendants' cross-motion for summary judgment to that extent, while affirming the order as modified.
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