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Ross v. Threepees Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 575 (N.Y. App. Div. 1999)

Opinion

February 16, 1999

Appeal from the Supreme Court, Nassau County (Burke, J.).


Ordered that the order is affirmed insofar as appealed from with one bill of costs.

The plaintiff was allegedly injured when he fell from a ladder after being stung by a bee while caulking a leaking window at a building leased by the defendant third-party plaintiff World Gym and owned by the defendant third-party plaintiff Threepees Realty Corp.

The Supreme Court properly granted the respective motions of the defendants third-party plaintiffs for summary judgment dismissing the cause of action asserted against them under Labor Law § 240 Lab. (1), and properly denied the plaintiff's motion for summary judgment on that cause of action. The plaintiff's injuries were the sole result of his reaction to the bee sting and not the result of any purported violation of Labor Law § 240 Lab. (1) (see Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494; Bland v. Manocherian, 66 N.Y.2d 452; Fernicola v. Benenson Capital Co., 252 A.D.2d 567; Anderson v. Schul/Mar Constr. Corp., 212 A.D.2d 493; Springer v. Clark Publ. Co., 171 A.D.2d 914).

Santucci, J. P., Joy, Altman and Krausman, JJ., concur.


Summaries of

Ross v. Threepees Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 575 (N.Y. App. Div. 1999)
Case details for

Ross v. Threepees Realty Corp.

Case Details

Full title:ROBERT ROSS, Appellant, v. THREEPEES REALTY CORP. et al., Defendants and…

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

Date published: Feb 16, 1999

Citations

258 A.D.2d 575 (N.Y. App. Div. 1999)
686 N.Y.S.2d 448

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