From Casetext: Smarter Legal Research

Capparelli v. Zausmer Frisch Associates

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1141 (N.Y. App. Div. 1998)

Summary

In Capparelli, the worker was installing fluorescent light fixtures into a dropped ceiling grid as part of a renovation.

Summary of this case from Castro v. JK USA Group, Inc.

Opinion

December 31, 1998

Appeals from Order of Supreme Court, Onondaga County, Elliott, J. — Summary Judgment.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Because the alleged injury of plaintiff Louis A. Capparelli, Jr. was the result of his exposure "to the usual and ordinary dangers of a construction site, and not the extraordinary elevation risks envisioned by Labor Law § 240 Lab. (1)" ( Rodriguez v. Tietz Ctr. for Nursing Care, 84 N.Y.2d 841, 843), dismissal of the Labor Law § 240 Lab. (1) cause of action is warranted. Thus, we modify the order by granting the motion of third-party defendant for partial summary judgment and dismissing that cause of action.

Present — Denman, P. J., Hayes, Balio, Boehm and Fallon, JJ.


Summaries of

Capparelli v. Zausmer Frisch Associates

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1141 (N.Y. App. Div. 1998)

In Capparelli, the worker was installing fluorescent light fixtures into a dropped ceiling grid as part of a renovation.

Summary of this case from Castro v. JK USA Group, Inc.
Case details for

Capparelli v. Zausmer Frisch Associates

Case Details

Full title:LOUIS A. CAPPARELLI, JR., et al., Appellants-Respondents, v. ZAUSMER…

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

Date published: Dec 31, 1998

Citations

256 A.D.2d 1141 (N.Y. App. Div. 1998)
682 N.Y.S.2d 751

Citing Cases

Castro v. JK USA Group, Inc.

The statute "protects workers from elevation-related hazards when they are injured while involved in [the]…