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Wright v. Ellsworth Partners LLC

Falling Scaffolding Frames Did Not Present Elevation Risk Envisioned in Labor Law §240(1)

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Papers Reviewed:1. Affirmation of Andrew S. Holland, Esq. dated June 27, 2017 with Exhibits “A” through “C” and accompanying Memorandum of Law;2. Stipulation of Material Facts dated May 5, 2017;3. Affidavit of Ernest J. Gailor, P.E. sworn to June 27, 2017 with Exhibits “A” and “B”;4. Affirmation of Lawrence D. Lissauer, Esq. dated July 31, 2017 with Exhibits “A” through “E” and accompanying Memorandum of Law;5. Affidavit of Frederick G. Bremer, AIA, NCARB sworn to July 25, 2017 with Exhibits “A” and “B”;6. Affidavit of Francis Wright sworn to July 22, 2017;7. Affidavit of Frank Santana sworn to July 26, 2017;8. Reply and Opposition Affirmation of Andrew S. Holland, Esq. dated September 8, 2017 with accompanying Memorandum of Law;9. Reply and Opposition Affidavit of Ernest J. Gailor, P.E. sworn to September 7, 2017;10. Reply and Opposition Affirmation of Lawrence D. Lissauer, Esq. dated September 15, 2017 with Exhibit “A” and accompanying Memorandum of Law.and oral argument having been heard on October 30, 2017 with Kenneth B. Fromson, Esq. appearing on behalf of plaintiff and Andrew S. Holland, Esq. appearing on behalf of defendants/third-party plaintiffs.DECISION AND ORDER

*1 Plaintiff William Wright was an employee of third-party defendant JAG I, LLC (hereinafter JAG) and was engaged in a construction project on the day of the accident at property owned by defendant/third-party plaintiff Ellsworth Partners, LLC (hereinafter Ellsworth). Defendant/third-party plaintiff AP Construction LLC (hereinafter AP) was the general contractor. Other JAG employees were dismantling and stacking scaffolding that had previously been erected as part of the project. Plaintiff’s responsibilities for JAG at the time were as a truck driver, laborer and mason tender who undertook whatever work his*2

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