Legal Opinion
Marasco v. Kaplan
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1991PublishedCited by 16 opinions
1Opinion of the Court
Cross appeal unanimously dismissed and otherwise order affirmed without costs. Memorandum: Supreme Court properly granted partial summary judgment in favor of plaintiff with respect to the issue of liability on his cause of action based on Labor Law § 240.
Ordinarily, where the manner in which the accident occurred is within the exclusive knowledge of the plaintiff, partial summary judgment is inappropriate because the plaintiff’s testimonial version should be subjected to cross-examination and his credibility assessed by the fact finder after a trial (see, Carlos v Rochester Gen. Hosp., 163…
2Cases cited3 opinions
- Carlos v. Rochester General HospitalAppellate Division of the Supreme Court of the State of New York · 1990
- Walsh v. BakerAppellate Division of the Supreme Court of the State of New York · 1991
- Walden v. NowinskiAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by16 opinions
- Abramo v. Pepsi-Cola Buffalo Bottling Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Smith v. Cassadaga Valley Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1991
- Davis v. Pizzagalli Construction Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Fernandez v. MHP Land AssociatesAppellate Division of the Supreme Court of the State of New York · 1992
- Adams v. North-Star Construction Co.Appellate Division of the Supreme Court of the State of New York · 1998
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