Legal Opinion
Cohen v. Memorial Sloan-Kettering Cancer Center
New York Court of Appeals
Decided October 28, 2008PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, plaintiffs’ cross motion for summary judgment on their Labor Law § 240 (1) claim denied, defendants’ motion for summary judgment dismissing the Labor Law § 240 (1) claim granted, and the certified question answered in the negative.
*825No Labor Law § 240 (1) liability exists where an injury results from a separate hazard wholly unrelated to the risk which brought about the need for the safety device in the first place (see Nieves v Five Boro A.C. & Refrig. Corp., 93 NY2d 914 [1999]; Melber v 6333…
2Cases cited2 opinions
- Nieves v. Five Boro Air Conditioning & Refrigeration Corp.New York Court of Appeals · 1999
- Melber v. 6333 Main Street, Inc.New York Court of Appeals · 1998
3Cited by21 opinions
- Marc A. Nicometi v. The Vineyards of Fredonia, LLC / Scott Pfohl v. Western New York Plumbing-Ellicott Plumbing and Remodeling Co.New York Court of Appeals · 2015
- Serrano v. Consolidated Edison Co. of N.Y. Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Auchampaugh v. Syracuse UniversityAppellate Division of the Supreme Court of the State of New York · 2008
- Salazar v. Novalex Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Smith v. Nestle Purina Petcare Co.Appellate Division of the Supreme Court of the State of New York · 2013
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