Legal Opinion
Smith v. Artco Industrial Laundries, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1995PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying plaintiffs’ motion for partial summary judgment on Labor Law § 240 (1) liability. Michael L. Smith (plaintiff), a welder, was injured when he slid down a laundry chute. The court properly determined that the work involved a risk related to differences in elevation under Labor Law § 240 (1) (see, Madigan v United Parcel Serv., 193 AD2d 1102, 1103; see generally, Misseritti v Mark IV Constr. Co., 86 NY2d 487). It is of no consequence that…
2Cases cited7 opinions
- Misseritti v. Mark IV Construction Co.New York Court of Appeals · 1995
- Ferrari v. Niasher Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Madigan v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Brown v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Manning v. Town of LewistonAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by5 opinions
- Fisher v. CoghlanAppellate Division of the Supreme Court of the State of New York · 2004
- Gasques v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Ortiz v. Turner Construction Co.Appellate Division of the Supreme Court of the State of New York · 2006
- George v. Huber Hunt & Nichols, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Vislocky v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009