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Plaintiff sustained injuries when struck by a steel plank dropped from a scaffold by a coworker. The Supreme Court denied plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1) and granted defendant's cross-motion to dismiss that cause of action. The appellate court unanimously reversed, denying the defendant's cross-motion, reinstating the third cause of action, and granting the plaintiff's motion for partial summary judgment. The court found that defendant was the contractor for scaffolding erection and supervised the work site, establishing a nondelegable duty under Labor Law § 240 (1). Furthermore, the plaintiff was deemed an integral part of the work crew, entitled to statutory protection.
Swedenhjelm v. Safway Steel Products, 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 sustained injuries when struck by a steel plank dropped from a scaffold by a coworker. The Supreme Court denied plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1) and granted defendant's cross-motion to dismiss that cause of action. The appellate court unanimously reversed, denying the defendant's cross-motion, reinstating the third cause of action, and granting the plaintiff's motion for partial summary judgment. The court found that defendant was the contractor for scaffolding erection and supervised the work site, establishing a nondelegable duty under Labor Law § 240 (1). Furthermore, the plaintiff was deemed an integral part of the work crew, entitled to statutory protection.
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