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Nasir Ali v. Sloan-Kettering Institute for Cancer Research, et al.

This is an arguably significant case decided by the First Department in Manhattan. Ali was injured when an air conditioning system coil weighing more than 300 pounds fell on his leg. The coil was being transported secured to two dollies and fell as Ali and three coworkers were unloading it from a truck. As they were trying to move the coil off the lift gate of the truck, a wheel of the dolly got caught in a gap on the gate and the coil tipped over onto Ali. The court stated that Labor Law 240(1) was violated here considering the weight of the coil and the amount of force it was able to generate, even if it only fell a short distance. The court also significantly stated that “[m]oving the coil safety required either hoisting equipment or a device designed to secure the coil against tipping or falling over.” There are many situations on construction sites where workers are injured in the process or lifting or moving heavy objects where they are not provided with hoisting equipment, such as a crane or lift, to accomplish the task. This case may have an effect whether there is liability under the Scaffold Law in those situations in the future.

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