Smith v. Yonkers Contracting Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for personal injuries pursuant to Labor Law § 240, the defendant appeals from an order of the Supreme Court, Suffolk County (Cannavo, J.), dated May 29, 1996, which (1) granted the plaintiff’s motion for summary judgment on the issue of liability and (2) denied its cross motion to dismiss the complaint pursuant to CPLR 3126.
Ordered that the order is affirmed, with costs.
In order to prevail on a claim under Labor Law § 240 (1), the plaintiff must show that a violation of this statute was a proximate cause of the injury (see, Bland v Manocherian, 66…
2Cases cited7 opinions
- Bland v. ManocherianNew York Court of Appeals · 1985
- Haimes v. New York Telephone Co.New York Court of Appeals · 1978
- Soto v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1993
- Aragon v. 233 West 21st Street, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Spira v. AntoineAppellate Division of the Supreme Court of the State of New York · 1993
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- Wahab v. Agris & Brenner, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Vargas v. StateAppellate Division of the Supreme Court of the State of New York · 2000
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