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Blackburn v. Eastman Kodak Company

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1123 (N.Y. App. Div. 1998)

Opinion

December 31, 1998

Appeal from Order of Supreme Court, Monroe County, Stander, J. — Summary Judgment.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting that part of defendant's motion for summary judgment seeking dismissal of those parts of the complaint alleging common-law negligence and violation of Labor Law § 200 Lab.. Defendant met its initial burden on the motion by submitting proof that it did not supervise, direct or control the work of plaintiff's employer, third-party defendant E.G. Snyder Co., Inc. (Snyder) ( see, Gray v. Balling Constr. Co., 239 A.D.2d 913; Durfee v. Eastman Kodak Co., 212 A.D.2d 971, lv dismissed 85 N.Y.2d 968). Plaintiff, however, submitted expert proof that his injury was not the result of a defect in Snyder's materials or methods of work but rather a defect in the premises created by defendant, thereby raising a triable issue of fact whether defendant was negligent or breached its statutory duty to provide a safe place to work ( see, Miller v. Wilmorite, Inc., 231 A.D.2d 843, 843-844; see also, Brutcher v. Dallas Homes, Inc., 237 A.D.2d 876, 877).

Present — Green, J. P., Wisner, Hayes, Balio and Fallon, JJ.


Summaries of

Blackburn v. Eastman Kodak Company

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1123 (N.Y. App. Div. 1998)
Case details for

Blackburn v. Eastman Kodak Company

Case Details

Full title:CARROL F. BLACKBURN, Appellant, v. EASTMAN KODAK COMPANY, Respondent and…

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

Date published: Dec 31, 1998

Citations

256 A.D.2d 1123 (N.Y. App. Div. 1998)
684 N.Y.S.2d 451

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