Legal Opinion

Santiago v. Rusciano & Son, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 23, 2012PublishedCited by 6 opinions

1Opinion of the Court

*586Plaintiff was injured when, while boarding up windows to make the subject premises uninhabitable and to protect it from vandalism in anticipation of demolition, he fell several feet from a ladder. Plaintiffs accident fell within the purview of section 240 (1), since the ladder supplied to plaintiff slipped out from underneath him and did not offer proper protection (see Kijak v 330 Madison Ave. Corp., 251 AD2d 152, 153 [1998]; see also Velasco v Green-Wood Cemetery, 8 AD3d 88, 89 [2004]). Moreover, plaintiff was “altering” the premises within the meaning of Labor Law § 240 (1). He was engaged…

2Cases cited5 opinions

  1. Joblon v. SolowNew York Court of Appeals · 1998
  2. Kijak v. 330 Madison Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Velasco v. Green-Wood CemeteryAppellate Division of the Supreme Court of the State of New York · 2004
  4. Belding v. Verizon New York, Inc.New York Court of Appeals · 2010
  5. Campuzano v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by6 opinions

  1. Canas v. Harbour at Blue Point Home Owners Ass'nAppellate Division of the Supreme Court of the State of New York · 2012
  2. Nucci v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2022
  3. Penaranda v. 4933 Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  4. Rooney v. D.P. Consulting Corp.Appellate Division of the Supreme Court of the State of New York · 2022
  5. Canas v. Harbour at Blue Point Home Owners Ass'nAppellate Division of the Supreme Court of the State of New York · 2012

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