Legal Opinion
Schultze v. 585 West 214th Street Owners Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 27, 1996PublishedCited by 24 opinions
1Opinion of the Court
The evidence submitted by plaintiff in support of the motion for summary judgment on the issue of liability under Labor Law § 240 (1) established that plaintiff fell 16 feet to the ground when the unsecured ladder he was descending slipped out from under him. The alternative version of the accident offered by defendants, that the portion of the planking of the elevated sidewalk bridge against which the ladder was leaning slipped or gave way and thereby caused the ladder to slip, rather than raise a question of fact, requires a finding of liability under the statute as well. It is well settled…
2Cases cited4 opinions
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- Bryan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Fernandez v. MHP Land AssociatesAppellate Division of the Supreme Court of the State of New York · 1992
- Avner v. 93rd Street Ass'nAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by24 opinions
- Montalvo v. J. Petrocelli Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Nacewicz v. Roman Catholic Church of the Holy CrossAppellate Division of the Supreme Court of the State of New York · 2013
- Wasilewski v. Museum of Modern ArtAppellate Division of the Supreme Court of the State of New York · 1999
- John v. BaharestaniAppellate Division of the Supreme Court of the State of New York · 2001
- Kijak v. 330 Madison Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1998
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