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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46459 Justice Kramer PLAINTIFF, PERCHED atop a gantry crane, whose support rods he was reinforcing, was injured when the crane’s collapse caused him to fall 12 feet. Defendant sought dismissal of plaintiff’s Labor Law �240(1) claim, arguing that the gantry crane was not a “structure.” The court granted plaintiff partial summary judgment on his �240(1) claim. Citing Wong v. New York Times, Cornacchione v. Clark Concrete Co. and Lightfoot v. State, it found that the crane was a “structure” because it acted as a scaffold which was inadequate, absent additional safety devices, to protect plaintiff while he reinforced the crane. Additionally, the absence of a safe perch proximately caused plaintiff’s injury. The court denied summary dismissal of plaintiff’s Labor Law �200 claim due to defendant’s failing to present evidence showing lack of actual or constructive knowledge of the unsafe condition. It also found that defendant failed to show the inapplicability of Industrial Code provisions used to support plaintiff’s Labor Law �241(6) claim.

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