Legal Opinion
Zeitner v. Herbmax Sharon Associates
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1993PublishedCited by 18 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Howard Silver, J.), entered March 11, 1993, which denied the parties’ motion and cross motion, respectively, for summary judgment, unanimously affirmed, without costs.
In order to impose absolute liability on a building owner, the injured party must prove a violation of Labor Law § 240 (1) and that said violation was the proximate cause of the injuries. (Smith v Hooker Chems. & Plastics Corp., 89 AD2d 361, appeal dismissed 58 NY2d 824.) In light of the fact that the injured plaintiff here admits that a gust of wind caused him to fall from the ladder while…
2Cases cited4 opinions
- Smith v. Hooker Chemicals & Plastics Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Miller v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Landry v. A. Di Sarro Construction Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Landry v. A. DI SARRO CONSTR. CO., INC.New York Court of Appeals · 1989
3Cited by18 opinions
- Beesimer v. Albany Avenue/Route 9 Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Romano v. Hotel Carlyle Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Macnair v. SalamonAppellate Division of the Supreme Court of the State of New York · 1993
- Kok Choy Yeen v. NWE Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Cosban v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
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