Smith v. Hovnanian Co

In Smith v. Hovnanian Co. (218 AD2d 68 [3d Dept 1995])), the focus was also on how the construction equipment was used rather than on the type of device involved. In that case, the Court held that Industrial Code 23-8.2 (c) (3), the same mobile crane regulation at issue in the instant action, may have been violated when no tag lines were used to protect the plaintiff from the horizontal swinging of sheetrock which was being unloaded from a flatbed truck by an extension boom attached to the truck.