From Casetext: Smarter Legal Research

Grieshaber v. City of New Rochelle

Appellate Division of the Supreme Court of New York, Second Department
Sep 16, 1985
113 A.D.2d 821 (N.Y. App. Div. 1985)

Opinion

September 16, 1985

Appeal from the Supreme Court, Westchester County (Rubenfeld, J.).


Order reversed, insofar as appealed from, on the law, with one bill of costs, summary judgment granted in favor of plaintiff as against respondents, and matter remitted to the Supreme Court, Westchester County, for an assessment of damages.

Plaintiff submitted sufficient uncontroverted evidence at Special Term that defendants violated Labor Law § 240 (1) by failing to adequately fasten or secure the ladder he was using to repair the roof of the Westchester County Sewerage Treatment Plant (see, Larson v Herald, 96 A.D.2d 1137), and that such failure was a proximate cause of the injuries he sustained as a result of a fall from the unsecured ladder (Mack v Altmans Stage Light. Co., 98 A.D.2d 468; Crawford v Leimzider, 100 A.D.2d 568). Since neither respondent has offered any proof, other than affirmations of counsel who lacked personal knowledge of the facts, to refute plaintiff's claim, summary judgment should have been granted in favor of plaintiff (see, Roche v Hearst Corp., 53 N.Y.2d 767; Newman v Greenstein, 99 A.D.2d 1018; cf. Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513). Mangano, J.P., Gibbons, Bracken and Kunzeman, JJ., concur.


Summaries of

Grieshaber v. City of New Rochelle

Appellate Division of the Supreme Court of New York, Second Department
Sep 16, 1985
113 A.D.2d 821 (N.Y. App. Div. 1985)
Case details for

Grieshaber v. City of New Rochelle

Case Details

Full title:GEORGE GRIESHABER, Appellant, v. CITY OF NEW ROCHELLE et al., Defendants…

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

Date published: Sep 16, 1985

Citations

113 A.D.2d 821 (N.Y. App. Div. 1985)

Citing Cases

Whalen v. F.J. Sciame Construction Co., Inc.

Ordered that the plaintiffs are awarded one bill of costs, payable by the defendants appearing separately and…

Rivera v. Wyckoff Heights Hospital

The defendant failed to submit an affidavit from an individual with personal knowledge of the facts,…