Legal Opinion
Wentland v. Occidental Chemical Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1992PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiff’s motion for summary judgment on the issue of liability on his cause of action based upon a violation of Labor Law § 240 (1). Defendant’s submissions in opposition to plaintiff’s motion raised questions of fact regarding the manner in which plaintiff’s *1031alleged accident occurred, and thus, we are unable to determine "whether Labor Law § 240 (1) applies to the particular activity in which plaintiff was injured” (Rocovich v…
2Cases cited6 opinions
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Nassau Roofing & Sheet Metal Co. v. Facilities Development Corp.New York Court of Appeals · 1988
- Richard Drzewinski v. Atlantic Scaffold & Ladder Co.New York Court of Appeals · 1987
- Staples v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1989
- Nassau Roofing & Sheet Metal Co. v. Facilities Development Corp.Appellate Division of the Supreme Court of the State of New York · 1986
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3Cited by5 opinions
- Abramo v. Pepsi-Cola Buffalo Bottling Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Morris v. Mark IV Construction Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Severino v. Schuyler Meadows Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Laisney v. ZellerAppellate Division of the Supreme Court of the State of New York · 1996
- Smith v. Hexalon Real Estate, Inc.Appellate Division of the Supreme Court of the State of New York · 1998