Williams v. White Haven Memorial Park, Inc.
Appellate Division of the Supreme Court of the State of New York
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 denying that part of defendant’s motion for summary judgment dismissing the Labor Law § 240 (1) cause of action and in granting partial summary judgment to plaintiff on that cause of action. Plaintiff, an employee of third-party defendant, was injured while moving a 250-pound tamper-plate machine, a device used to compact earth. He was guiding the machine down a slope of an open trench when the ground beneath him gave way, causing him to slide down…
2Cases cited8 opinions
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Adams v. Glass Fab, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Staples v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1989
- McGrath v. Lake Tree Village AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
- Stairs v. State Street Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 1994
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3Cited by18 opinions
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- Fisher v. WNY Bus Parts, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Irwin v. St. Joseph's Intercommunity HospitalAppellate Division of the Supreme Court of the State of New York · 1997
- Schiulaz v. Arnell Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1999
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