Gatto v. Clifton Park Senior Living, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
Plaintiff commenced this action against, among others, the owner and general contractor.* Plaintiff moved for partial summary judgment against those two defendants on the issue of their liability pursuant to Labor Law § 240 (1). Supreme Court granted the motion, prompting defendants to appeal.
We affirm. Plaintiff was performing construction work on a nine-foot ceiling, which necessarily required him to raise himself up to reach that height. Although the stilts only raised him about IV2 feet off the floor, this height differential created an elevation-related hazard within the purview of Labor…
2Cases cited8 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Robinson v. East Medical CenterNew York Court of Appeals · 2006
- Ball v. Cascade Tissue Group-New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Squires v. Robert Marini Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Amo v. Little Rapids Corp.Appellate Division of the Supreme Court of the State of New York · 2003
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3Cited by6 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
- Doto v. Astoria Energy II, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Scribner v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Gonzalez v. DOLP 205 Props. II, LLCAppellate Division of the Supreme Court of the State of New York · 2022
- 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
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