Legal Opinion
Garieri v. Broadway Plaza
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 2000PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Coppola, J.), entered June 21, 1999, which denied their motion for partial summary judgment on the issue of liability under Labor Law § 240 (1).
Ordered that the order is affirmed, with costs payable to the respondent Broadway Plaza.
It is well settled that where a scaffold from which a plaintiff falls does not “move, collapse, or otherwise fail to perform its function of supporting the plaintiff and [his or her] materials * * * the issue of whether the…
2Cases cited7 opinions
- Alava v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Xirakis v. 1115 Fifth Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Nelson v. Ciba-GeigyAppellate Division of the Supreme Court of the State of New York · 2000
- Romano v. Hotel Carlyle Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Eckhoff v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
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3Cited by3 opinions
- Melchor v. SinghAppellate Division of the Supreme Court of the State of New York · 2011
- Erdman v. DellAppellate Division of the Supreme Court of the State of New York · 2008
- Smith v. 499 Fashion Tower, LLCAppellate Division of the Supreme Court of the State of New York · 2007