Posted on Apr 29, 2010
In Ciccone v. Kendal On Hudson, the plaintiff claimed that he injured his arm when the boom of a forklift dropped suddenly, causing a stack of wallboard panels to strike the plaintiff's arm. In affirming the lower court's denial of his motion seeking judgment as a matter of law on his claims pursuant to New York Labor Law §§240(1) and 241(6), predicated on 12 NYCRR 23-6 [materials hoisting], the appellate court held that the lower court's order denying the motion was correct as to plaintiff's §241(6) claim, because the provisions of 12 NYCRR 23-6 specifically exclude fork lift trucks. 

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Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer