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DENNIS D. HORVATH, Appellant, v. NIACET CORPORATION, Respondent and Third-Party Plaintiff. APOLLO STEEL CORPORATION Third-Party Defendant-Respondent.

Order unanimously reversed, on the law, with costs, and plaintiff's motion granted. Memorandum: The court erred in refusing to grant plaintiff's motion for partial summary judgment on his claim under Labor Law § 240. The duty imposed on the owner under that section is not satisfied by proof that a safety belt and line were available at the bottom of a gang box at the jobsite and that plaintiff could have used it (Heath v Soloff Constr., 107 A.D.2d 507).

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HORVATH v. NIACET CORPORATION
(Nov 15, 1985)