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The plaintiff sought damages for personal injuries sustained when an I-beam fell on his finger at a construction site. He sued Beauce Atlas, Inc., alleging violations of Labor Law § 240 (1), § 241 (6), and § 200. The Supreme Court initially denied the plaintiff's motion for summary judgment on Labor Law § 240 (1) and later, upon reargument, granted the defendant's motion to dismiss this specific cause of action. On appeal, the order was reversed, with the appellate court finding triable issues of fact concerning the height of the falling I-beams and the availability and instruction of safety devices. Therefore, the defendant's motion for summary judgment dismissing the Labor Law § 240 (1) cause of action was denied.
Mentesana v. Bernard Janowitz Construction Corp. 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 sought damages for personal injuries sustained when an I-beam fell on his finger at a construction site. He sued Beauce Atlas, Inc., alleging violations of Labor Law § 240 (1), § 241 (6), and § 200. The Supreme Court initially denied the plaintiff's motion for summary judgment on Labor Law § 240 (1) and later, upon reargument, granted the defendant's motion to dismiss this specific cause of action. On appeal, the order was reversed, with the appellate court finding triable issues of fact concerning the height of the falling I-beams and the availability and instruction of safety devices. Therefore, the defendant's motion for summary judgment dismissing the Labor Law § 240 (1) cause of action was denied.
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