Legal Opinion
Armstrong v. Sherrill-Kenwood Water District
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1987PublishedCited by 6 opinions
1Opinion of the Court
— Order unanimously reversed on the law without costs and motion granted. Memorandum: Plaintiffs commenced this action against defendant, alleging a violation of Labor Law § 240 (1) for which they sought damages for injuries suffered by plaintiff Joseph Armstrong, when he fell approximately 25 feet from the top of a water tank then under construction. Plaintiffs moved for partial summary judgment on the issue of liability and their motion was denied. We reverse and grant plaintiffs’ motion.
In order to establish a claim under Labor Law § 240 (1), a plaintiff must prove both a violation of the…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Heath v. Soloff Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Duda v. John W. Rouse Construction Corp.New York Court of Appeals · 1973
- Amedure v. Standard Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1987
3Cited by6 opinions
- Smith v. Cassadaga Valley Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1991
- Walsh v. BakerAppellate Division of the Supreme Court of the State of New York · 1991
- Boshart v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1992
- Goldbach v. Erie County Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1988
- Fulton v. Walton Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
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