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NY Worker Hurt By Materials Falling Off Forklift Denied Judgment


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
Employment Litigation and School Negligence Lawyer