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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46099 Justice Price CLAIMING VIOLATIONS of Labor Law ��240(1), 241(6) and 200, plaintiff, a cargo loader at Kennedy Airport, sued for injuries sustained after falling from a metal crate, which had been raised by a forklift. Defendant port authority subleased the building in which plaintiff was injured to co-defendant management company, which subleased it to plaintiff’s employer. The defendants sought dismissal, arguing, among other things, that plaintiff’s claims lacked merit because his accident did not occur in an area where construction, demolition, excavation or repair work was being performed. The court summarily dismissed the complaint, finding, based on Martinez v. City of New York, Nagel v. D&R Rlty. Corp. and other cases, that plaintiff’s work did not fall within ��240(1) or 241(6). Dismissing plaintiff’s �200 claim, the court found no evidence that the defendants directed or controlled his work or knew of the dangerous condition that produced his injury.

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