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Carrion v. Lewmara Realty Corporation

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 1995
222 A.D.2d 205 (N.Y. App. Div. 1995)

Opinion

December 5, 1995

Appeal from the Supreme Court, New York County (William Davis, J.).


Plaintiff, a handyman, allegedly injured while repairing a permanent staircase, has no cause of action under Labor Law § 240 (1) because a permanent staircase is not a scaffold, ladder or other elevation related safety device ( Pennacchio v Tednick Corp., 200 A.D.2d 809), and his work did not involve "risks related to elevation differentials" requiring the furnishing or erection of such a device ( Rocovich v Consolidated Edison Co., 78 N.Y.2d 509, 514). Nor does plaintiff have a cause of action under Labor Law § 241 (6), there being no showing that a violation of a safety regulation promulgated thereunder was the proximate cause of the accident. Plaintiff fares no better under Labor Law § 200 or in common-law negligence since an owner of real property has no responsibility to one hurt through a dangerous condition that he has undertaken to fix ( McCullum v Barrington Co. 309 56th St. Co., 192 A.D.2d 489).

Concur — Murphy, P.J., Kupferman, Asch, Nardelli and Tom, JJ.


Summaries of

Carrion v. Lewmara Realty Corporation

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 1995
222 A.D.2d 205 (N.Y. App. Div. 1995)
Case details for

Carrion v. Lewmara Realty Corporation

Case Details

Full title:JOSE CARRION, Appellant, v. LEWMARA REALTY CORPORATION, Respondent

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

Date published: Dec 5, 1995

Citations

222 A.D.2d 205 (N.Y. App. Div. 1995)
635 N.Y.S.2d 4

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