Legal Opinion

Atwell v. Mountain Ltd.

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

Decided June 5, 1992PublishedCited by 10 opinions

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted partial summary judgment to plaintiffs against defendant Rochester Telephone Corporation on the issue of liability on the cause of action under Labor Law § 240 (1). Plaintiff Joseph Atwell was standing on a ladder installing telephone cable to a commercial building when the electrical riser to which he had attached his safety belt gave way causing him to fall 18 to 20 feet to the ground. Rochester Telephone Corporation argues that Supreme Court should not have granted summary judgment because the work did not…

2Cases cited4 opinions

  1. Dedario v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1990
  2. Walsh v. BakerAppellate Division of the Supreme Court of the State of New York · 1991
  3. Garrant v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1992
  4. Tiernan v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by10 opinions

  1. Rodriguez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
  2. Smith v. Pergament Enterprises of S.I.Appellate Division of the Supreme Court of the State of New York · 2000
  3. Girty v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Zgoba v. Easy Shopping Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Walsh v. Applied Digital Data Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1993

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