Legal Opinion
Ritzer v. 6 East 43rd Street Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2008PublishedCited by 6 opinions
1Opinion of the Court
Plaintiff was injured when he fell from a scaffold. In order to defeat summary judgment, defendants had to establish that plaintiff had adequate safety devices available, that he was aware of that availability and the expectation that he would use them, that for no good reason he chose not to, and that had he not made that choice he would not have been injured (Kosavick v Tishman Constr. Corp. of N.Y., 50 AD3d 287, 288 [2008]). Defendants have not offered an alternative theory as to the cause of injury. They have not alleged or demonstrated that plaintiff was solely responsible for his own…
2Cases cited4 opinions
- Striegel v. Hillcrest Heights Development Corp.New York Court of Appeals · 2003
- Vergara v. SS 133 West 21, LLCAppellate Division of the Supreme Court of the State of New York · 2005
- Pichardo v. Urban Renaissance Collaboration Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2008
- Kosavick v. Tishman Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by6 opinions
- Moran v. 200 Varick Street Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Jerdonek v. 41 West 72 LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Linares v. Massachussetts Mut. Life Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2024
- Linares v. Massachussetts Mut. Life Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2024
- Morocho v. Boulevard Gardens Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2018
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