Legal Opinion

Dahar v. Holland Ladder & Manufacturing Co.

New York Court of Appeals

Decided February 21, 2012No. 23PublishedCited by 15 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

Plaintiff was injured when he fell from a ladder in a factory while cleaning a product manufactured by his employer. We hold that his activity was not protected by Labor Law § 240 (1).

I

The product in question was a steel “wall module” made by third-party defendant West Metal Works, Inc. at its plant in Cheektowaga, New York. The module was at least seven feet high: West’s customer, defendant Bechtel National, Inc., was purchasing it for installation in a nuclear waste treatment plant in Richland, Washington. At the Richland plant, the module was to be attached to…

2Cases cited16 opinions

  1. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  2. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  3. Joblon v. SolowNew York Court of Appeals · 1998
  4. Bland v. ManocherianNew York Court of Appeals · 1985
  5. Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948

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3Cited by15 opinions

  1. Soto v. J. Crew Inc.New York Court of Appeals · 2013
  2. Bish v. Odell Farms PartnershipAppellate Division of the Supreme Court of the State of New York · 2014
  3. Selca v. Dutchess Heritage Square Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  4. Soto v. J. Crew Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  5. BISH, ROBERT v. ODELL FARMS PARTNERSHIPAppellate Division of the Supreme Court of the State of New York · 2014

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