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New York's highest court, in a 4-3 split decision, took a narrow view of Section 240 of the Labor Law, which governs elevation risks, reversing a ruling from an appellate panel. The case turned on whether a fall was caused by elevation or by an electric shock.
A split New York Court of Appeals denied a judgment to a plumbing subcontractor who was injured when he fell from a 10-foot ladder and grabbed a pipe that was in contact with a cable wire.
The subcontractor, Michael Cutaia, sustained serious burns from electrical shock and substantial spinal and shoulder injuries from the fall, which occurred in March 2012 while working on a renovation of the offices of Michilli Construction on the 11th floor of a condominium building at 160-170 Varick St. in lower Manhattan.
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