Legal Opinion
Cahill v. TRIBOROUGH
New York Court of Appeals
Decided December 21, 2004PublishedCited by 286 opinions
1Opinion of the Court
OPINION OF THE COURT
R.S. Smith, J.
We decide in this case that, where an employer has made available adequate safety devices and an employee has been instructed to use them, the employee may not recover under Labor Law § 240 (1) for injuries caused solely by his violation of those instructions, even though the instructions were given several weeks before the accident occurred.
Facts and Procedural History
Since we are reviewing a grant of summary judgment in plaintiffs favor, we state the version of the facts most favorable to defendant that the evidence will support.
Plaintiff was employed in…
2Cases cited6 opinions
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Stolt v. General Foods Corp.New York Court of Appeals · 1993
- Smith v. Hooker Chemicals & Plastics Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Hagins v. StateNew York Court of Appeals · 1993
- Sanango v. 200 East 16th Street Housing Corp.Appellate Division of the Supreme Court of the State of New York · 2002
1 more not listed; retrieve them via the Exa API.
3Cited by286 opinions
- Robinson v. East Medical CenterNew York Court of Appeals · 2006
- Gallagher v. New York PostNew York Court of Appeals · 2010
- Auriemma v. Biltmore Theatre, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Barreto v. Metropolitan Transportation AuthorityNew York Court of Appeals · 2015
- Allan v. DHL Express (USA), Inc.Appellate Division of the Supreme Court of the State of New York · 2012
281 more not listed; retrieve them via the Exa API.