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Vanriel v. A. Weissman Real Estate

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1999
262 A.D.2d 56 (N.Y. App. Div. 1999)

Opinion

June 8, 1999.

Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).


Plaintiff is entitled to summary judgment on his Labor Law § 240 Lab. (1) claim, there being no dispute that the scaffold on which he was working did not prevent him from falling — "the core objective of Labor Law § 240 Lab. (1) — preventing (a worker] from falling" ( Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501) — and that his injuries were caused by the fall ( see, Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 561-562). It does not avail defendants to argue that plaintiff fell because of his own negligence in failing to activate a locking device for the scaffold's wheels ( supra). The motions for conditional indemnification were properly denied inasmuch as there are outstanding issues of fact.

Concur — Sullivan, J.P., Nardelli, Lerner, Rubin and Saxe, JJ.


Summaries of

Vanriel v. A. Weissman Real Estate

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1999
262 A.D.2d 56 (N.Y. App. Div. 1999)
Case details for

Vanriel v. A. Weissman Real Estate

Case Details

Full title:PATRICK VANRIEL, Appellant-Respondent, v. A. WEISSMAN REAL ESTATE et al.…

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

Date published: Jun 8, 1999

Citations

262 A.D.2d 56 (N.Y. App. Div. 1999)
691 N.Y.S.2d 446

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