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Sergio Barrios v. 19-19 24th Avenue Company, LLC, et al.

Another case here from the Second Department appellate court reversing the trial court below and granting the plaintiff summary judgment under Labor Law 240(1). Here, the worker was injured by a block and chain hoisting apparatus that fell as he and his co-worker were getting ready to use it. The Court said the worker wins, regardless of whether the coworker accidently dropped it or if it was not properly secured. There are a number of cases from the Second Department cases where the injured construction worker has lost because a coworker simply dropped the object that struck them, so this is a bit of a departure from those cases. The difference here seems to be that the object that fell was a safety device used to hoist objects or materials.

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