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The Appellate Division, First Department, affirmed an order from the Supreme Court, Bronx County, which denied summary judgment to defendants-appellants on a Labor Law § 240 (1) claim and granted summary judgment to the plaintiff. The case involved plaintiff Franklin Gonzalez, who was struck by an unsecured plank that fell from a scaffold being moved. The court held that an unsecured plank falling from a moving scaffold constitutes a distinct elevation-related hazard under Labor Law § 240 (1). The defendants failed to demonstrate that the plaintiff was the sole proximate cause of the accident, as there was no evidence he had been instructed to dismantle the scaffold before moving it.
Gonzalez v. City of New York 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 Appellate Division, First Department, affirmed an order from the Supreme Court, Bronx County, which denied summary judgment to defendants-appellants on a Labor Law § 240 (1) claim and granted summary judgment to the plaintiff. The case involved plaintiff Franklin Gonzalez, who was struck by an unsecured plank that fell from a scaffold being moved. The court held that an unsecured plank falling from a moving scaffold constitutes a distinct elevation-related hazard under Labor Law § 240 (1). The defendants failed to demonstrate that the plaintiff was the sole proximate cause of the accident, as there was no evidence he had been instructed to dismantle the scaffold before moving it.
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