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Parot v. City of Buffalo

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1034 (N.Y. App. Div. 1991)

Opinion

June 7, 1991

Appeal from the Supreme Court, Erie County, Rath, Jr., J.

Present — Callahan, J.P., Denman, Green, Pine and Lowery, JJ.


Order unanimously affirmed without costs. Memorandum: Plaintiff was injured when he fell while unloading street light standards from a flatbed trailer at a lot where they were to be stored for future use throughout the City of Buffalo. The court properly dismissed his Labor Law § 240 (1) cause of action because the delivery of the street light standards was not to a construction site but was merely for stockpiling for future use (see, Cox v LaBarge Bros. Co., 154 A.D.2d 947, 947-948, lv dismissed 75 N.Y.2d 808; cf., Lewis-Moors v Contel of N.Y., 167 A.D.2d 732; Dedario v New York Tel. Co., 162 A.D.2d 1001). Likewise, the court correctly dismissed plaintiff's Labor Law § 241 (6) cause of action (see, Sprague v Picciano, 100 A.D.2d 247, 249-250, lv denied 62 N.Y.2d 605).


Summaries of

Parot v. City of Buffalo

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1034 (N.Y. App. Div. 1991)
Case details for

Parot v. City of Buffalo

Case Details

Full title:JOSEPH K. PAROT et al., Appellants, v. CITY OF BUFFALO et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 7, 1991

Citations

174 A.D.2d 1034 (N.Y. App. Div. 1991)
572 N.Y.S.2d 198

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