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March 17, 2007

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Slothrop

The Courts rational in realtion to the 241(6) cause of action is dangerous. Why wouldn't the Industrial Code Rule provisions for ladders apply sinse the"form" (not sure what that is) was being used as the functional equivelent of a ladder? Their holding opens the door for irresponsible conduct by owners and contractors.

I also question the role NYS Courts have taken with respect to 240(1). The judges don't like the law, that is clear. However, seemingly frustrated by the legislature's lack of action the Courts have taken it upon themselves to change the law.

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