Legal Opinion
McLean v. Martin E. Vahue & Son Builders, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1994PublishedCited by 4 opinions
1Opinion of the Court
—Order insofar as appealed from unanimously reversed on the law with costs and motion granted. Memorandum: Plaintiff, a carpenter, was injured when he fell over 20 feet to the ground from the roof of a home under construction. Supreme Court erred in denying plaintiff’s motion for partial summary judgment on the issue of liability under Labor Law § 240 (1). Plaintiff submitted proof in admissible form that he was engaged in the erection of a building, that he fell from an elevated work site and that there were no safety devices "so constructed, placed and operated as to give proper protection…
2Cases cited5 opinions
- Heath v. Soloff Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Walsh v. BakerAppellate Division of the Supreme Court of the State of New York · 1991
- Brown v. Sagamore HotelAppellate Division of the Supreme Court of the State of New York · 1992
- Allman v. Frank L. Ciminelli Construction Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Madigan v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by4 opinions
- Auriemma v. Biltmore Theatre, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Garcia v. 1122 East 180th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Thompson v. Next Generation Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Barrowman v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1995