From Casetext: Smarter Legal Research

Augello v. 20166 Tenants Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 1998
251 A.D.2d 44 (N.Y. App. Div. 1998)

Opinion

June 4, 1998

Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).


Plaintiff was severely injured while working at a construction site when his hand was hit by a falling pulley assembly. The accident was clearly within the remedial scope of Labor Law § 240 Lab. (1) since the falling pulley assembly had not been properly secured ( Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 500-501). Under these circumstances, plaintiff's motion for summary judgment upon his Labor Law § 240 Lab. (1) claim was properly granted. In "addition, the regulations cited by plaintiff, requiring, inter alia, that pulley blocks and/or similar devices be securely fastened or used with safety hooks ( see, e.g., 12 NYCRR 23-6.2 [c]), were sufficiently concrete in their specifications to support plaintiff's Labor Law § 241 Lab. (6) cause of action ( see, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d, supra, at 505). We have reviewed defendants-appellants' other arguments and find them to be without merit.

Concur — Milonas, J.P., Wallach, Tom, Mazzarelli and Saxe, JJ.


Summaries of

Augello v. 20166 Tenants Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 1998
251 A.D.2d 44 (N.Y. App. Div. 1998)
Case details for

Augello v. 20166 Tenants Corp.

Case Details

Full title:THOMAS AUGELLO, Respondent, v. 20166 TENANTS CORP. et al., Defendants, and…

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

Date published: Jun 4, 1998

Citations

251 A.D.2d 44 (N.Y. App. Div. 1998)
673 N.Y.S.2d 664

Citing Cases

Puckett v. County of Erie

We reject the contention of Braasch and third-party defendant that 12 NYCRR 23-6.2 (d) is not sufficiently…

McLaughlin v. Plaza Construction Corp.

In the case at bar, the weight of the hoist caused the block and pulley securing the hoisting cable to break…