Legal Opinion

Luna v. Zoological Society of Buffalo, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 2012Published

1Opinion of the Court

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained while working as a carpenter on a construction project for defendant. Supreme Court properly granted plaintiffs motion for partial summary judgment on liability with respect to the Labor Law § 240 (1) claim. Plaintiff sustained his initial burden of establishing that he was injured as the result of a fall from an elevated work surface and that *1746defendant failed to provide a sufficient safety device (see Ferris v Benbow Chem. Packaging, Inc., 74 AD3d 1831, 1832 [2010]; see generally Runner v New York Stock…

2Cases cited6 opinions

  1. Runner v. New York Stock Exchange, Inc.New York Court of Appeals · 2009
  2. Cahill v. TRIBOROUGHNew York Court of Appeals · 2004
  3. Whiting v. Dave Hennig, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Long v. Cellino & Barnes, P.C.Appellate Division of the Supreme Court of the State of New York · 2009
  5. Mazurett v. Rochester City School DistrictAppellate Division of the Supreme Court of the State of New York · 2011

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