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An injured plaintiff, working as an asbestos handler, fell from a ladder after his face mask caught on a ceiling cable while replacing light bulbs at a building owned by Dormitory Authority of the State of New York and leased by Pace University. He and his wife sued, alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court denied the plaintiffs' motion for summary judgment on liability and granted the defendants' cross-motion to dismiss these claims. The court found that the ladder was not defective and the plaintiff's fall was due to loss of balance, not a safety device failure. Additionally, Industrial Code (12 NYCRR) § 23-1.7 (e) (2) was deemed inapplicable as the incident did not involve a trip or cut from floor hazards.
Gaspar v. Pace University 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
An injured plaintiff, working as an asbestos handler, fell from a ladder after his face mask caught on a ceiling cable while replacing light bulbs at a building owned by Dormitory Authority of the State of New York and leased by Pace University. He and his wife sued, alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court denied the plaintiffs' motion for summary judgment on liability and granted the defendants' cross-motion to dismiss these claims. The court found that the ladder was not defective and the plaintiff's fall was due to loss of balance, not a safety device failure. Additionally, Industrial Code (12 NYCRR) § 23-1.7 (e) (2) was deemed inapplicable as the incident did not involve a trip or cut from floor hazards.
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