Legal Opinion

Wescott v. Shear

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

Decided May 17, 1990PublishedCited by 28 opinions

1Opinion of the CourtMahoney, P. J.

Appeal from an order of the Supreme Court (Fischer, J.), entered June 6, 1989 in Broome County, which denied plaintiffs’ motion for partial summary judgment on the issue of liability.

Plaintiff Duane Wescott (hereinafter plaintiff) was employed as a laborer for a subcontractor engaged to do masonry work in a subdivision in the Town of Owego, Tioga County. He suffered injuries when he fell from a stairway which was temporarily installed to permit access to and from the upper levels of the house under construction. One of the planks on the temporary stairway became loose from its attachment and…

2Cases cited2 opinions

  1. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
  2. Barnes v. Park Congregational ChurchAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by28 opinions

  1. Craft v. Clark Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  2. Serpe v. Eyris Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Davis v. Pizzagalli Construction Co.Appellate Division of the Supreme Court of the State of New York · 1992
  4. Cliquennoi v. Michaels GroupAppellate Division of the Supreme Court of the State of New York · 1991
  5. Williams v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1997

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