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Anderson v. International House

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1995
222 A.D.2d 237 (N.Y. App. Div. 1995)

Opinion

December 7, 1995

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).


Plaintiff was injured when he fell from a scaffold which did not have any safety railings around its perimeter, a work platform or any toe boards. He also had not been provided with any safety belt, lifeline, hard hat or any other safety device.

Pursuant to Labor Law § 240 (1), absolute liability ensues from this undisputed failure of defendant to provide appropriate safety devices, and, under the circumstances herein, the absence of such equipment was a proximate cause of the accident ( see, Bland v Manocherian, 66 N.Y.2d 452, 461). Contrary to defendant's contention, there is no necessity that plaintiff's testimony or sworn statement be corroborated. There is no bar to granting partial summary judgment as to liability, on plaintiff's statement alone, since no bona fide issue as to his credibility exists ( Rodriguez v New York City Hous. Auth., 194 A.D.2d 460, 461-462). "[M]inor, immaterial inconsistencies" in the testimony or statement will also not preclude the grant of summary judgment ( Robinson v NAB Constr. Corp., 210 A.D.2d 86, 87).

Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Williams, JJ.


Summaries of

Anderson v. International House

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1995
222 A.D.2d 237 (N.Y. App. Div. 1995)
Case details for

Anderson v. International House

Case Details

Full title:WILLIE E. ANDERSON, Appellant, v. INTERNATIONAL HOUSE, Respondent and…

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

Date published: Dec 7, 1995

Citations

222 A.D.2d 237 (N.Y. App. Div. 1995)
635 N.Y.S.2d 13

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