10 Cited authorities

Derdiarian v. Felix Contr Co.
51 N.Y.2d 308 (N.Y. 1980) Cited 1,881 times
Holding that the negligence of a driver did not negate a contractor's failure to safeguard an excavation site, and that "[b]ecause questions concerning what is foreseeable and what is normal may be the subject of varying inferences, as is the question of negligence itself, these issues generally are for the fact finder to resolve"
Gordon v. Eastern Ry. Supply
82 N.Y.2d 555 (N.Y. 1993) Cited 895 times
Holding that defendants were liable under Labor Law § 240 for plaintiffs fall and injury occasioned by an allegedly defective sandblaster where such injuries were the foreseeable result of the failure to provide plaintiff with a safe scaffold or ladder while sandblasted a railway car from a ladder
Robinson v. East Medical Center
2006 N.Y. Slip Op. 2457 (N.Y. 2006) Cited 458 times 2 Legal Analyses
Affirming summary judgment where eight-foot ladders were available and adequate to prevent plaintiff's injuries because the sole proximate cause of plaintiff's injuries was his misuse of a six-foot ladder
Montgomery v. Federal Express Corporation
4 N.Y.3d 805 (N.Y. 2005) Cited 201 times 1 Legal Analyses
Granting defendants' motion for summary judgment dismissing plaintiff's section 240 claim, where plaintiff's use of a bucket to ascend a rooftop, and a leap to descend, was not a "normal and logical response," as a ladder was available
Kush v. City of Buffalo
59 N.Y.2d 26 (N.Y. 1983) Cited 346 times
Affirming defendant school board's liability for plaintiff's injuries when plaintiff's presence on school grounds and intervening act of student employees was the reasonably foreseeable result of defendant's negligence
Cherry v. Time Warner, Inc.
66 A.D.3d 233 (N.Y. App. Div. 2009) Cited 104 times
In Cherry, the Court denied defendants’ motion for summary judgment on grounds of sole proximate cause, when (as here) the plaintiff ascended a baker scaffold without complete guardrails.
Miro v. Plaza Construction Corp.
38 A.D.3d 454 (N.Y. App. Div. 2007) Cited 36 times
In Miro v Plaza Constr. Corp. (38 AD3d 454, mod 9 NY3d 948), the plaintiff fell off a ladder with slippery fireproofing material on it. A divided Court dismissed plaintiffs section 240 (1) claim, based on the plaintiffs testimony that his employer, Con Edison, had "a lot of ladders" (38 AD3d at 455) on site, and that, in any event, the employer maintained a stockroom containing ladders which could be delivered to the job site upon request.
Torres v. 1420 Realty, L.L.C.
111 A.D.3d 434 (N.Y. App. Div. 2013) Cited 2 times
2013-11-12 Wanda TORRES, Plaintiff–Appellant, v. 1420 REALTY, L.L.C., et al., Defendants–Respondents, Jose Toribio, Defendant. Brian J. Isaac, New York, for appellant. Conway, Farrell, Curtin & Kelly, P.C., New York (Jonathan T. Uejio of counsel), for respondents. TOM Brian J. Isaac, New York, for appellant. Conway, Farrell, Curtin & Kelly, P.C., New York (Jonathan T. Uejio of counsel), for respondents. TOM, J.P., ANDRIAS, FRIEDMAN, FREEDMAN, CLARK, JJ. Order, Supreme Court, Bronx County (Lizbeth
Taylor v. Interstate Motor Frgt. System
132 N.E.2d 878 (N.Y. 1956) Cited 14 times
Argued November 16, 1955 Decided February 17, 1956 Appeal from the Supreme Court, Appellate Division, Fourth Department, REGIS O'BRIEN, J. John P. Cox, William J. Flynn, Joseph Swart and Edward J. Murty, Jr., for appellant. John F. Canale and Mortimer Allen Sullivan for respondent. Per Curiam. This action was brought by plaintiff to recover for the wrongful death of her husband as a result of a collision which occurred in the State of Ohio. Decedent was the driver of one of two tractor-trailer trucks
Section 500.11 - Alternative procedure for selected appeals
N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11 Cited 539 times
(a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review

George Newman, et al., Appellants,v.RCPI Landmark Properties, LLC, et al., Respondents.

10 Cited authorities

Holding that defendants were liable under Labor Law § 240 for plaintiffs fall and injury occasioned by an allegedly defective sandblaster where such injuries were the foreseeable result of the failure to provide plaintiff with a safe scaffold or ladder while sandblasted a railway car from a ladder

Affirming summary judgment where eight-foot ladders were available and adequate to prevent plaintiff's injuries because the sole proximate cause of plaintiff's injuries was his misuse of a six-foot ladder

Granting defendants' motion for summary judgment dismissing plaintiff's section 240 claim, where plaintiff's use of a bucket to ascend a rooftop, and a leap to descend, was not a "normal and logical response," as a ladder was available

Affirming defendant school board's liability for plaintiff's injuries when plaintiff's presence on school grounds and intervening act of student employees was the reasonably foreseeable result of defendant's negligence

In Cherry, the Court denied defendants’ motion for summary judgment on grounds of sole proximate cause, when (as here) the plaintiff ascended a baker scaffold without complete guardrails.