Legal Opinion

Kaffke v. New York State Electric & Gas Corp.

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

Decided January 14, 1999PublishedCited by 8 opinions

1Opinion of the Court

—Carpinello, J.

Appeal from an order of the Supreme Court (Monserrate, J.), entered May 14, 1998 in Broome County, which granted plaintiffs motion for summary judgment on the issue of Labor Law § 240 (1) liability.

*841In November 1994, plaintiff was working as a welder at a power station owned by defendant. Although his job at times consisted of elevation-related tasks, plaintiff could not be fitted with an available on-site safety belt due to his weight, which at that time was approximately 350 pounds. After several attempts to order a safety belt in plaintiff’s size, one was finally obtained. On…

2Cases cited4 opinions

  1. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  2. Tennant v. CurcioAppellate Division of the Supreme Court of the State of New York · 1997
  3. Hall v. Cornell UniversityAppellate Division of the Supreme Court of the State of New York · 1994
  4. Vona v. St. Peter's Hospital of AlbanyAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by8 opinions

  1. Powers v. Lino Del Zotto & Son Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  2. Salotti v. Wellco, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  3. Akins v. Central New York Regional Market AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  4. Scott v. Crystal Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Harrington v. StateAppellate Division of the Supreme Court of the State of New York · 2000

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