Legal Opinion
Benfanti v. Tri-Main Development, L.P.
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 1996PublishedCited by 8 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs, motion denied, complaint reinstated and cross motion granted. Memorandum: Supreme Court erred in granting defendant’s summary judgment motion and in denying plaintiffs cross motion for summary judgment on liability under Labor Law § 240 (1). Plaintiff Charles P. Benfanti, an electrician, fell approximately eight feet from a ladder to the ground while attempting to loosen a drain pipe. We conclude that removal of a portion of the drain pipe leading to the building’s main sewer line for the purpose of unclogging and repairing it constitutes…
2Cases cited4 opinions
- Smith v. Shell Oil Co.New York Court of Appeals · 1995
- Fuller v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Rennoldson v. James J. Volpe Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Holka v. Mt. Mercy AcademyAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by8 opinions
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- Manfredonia v. 750 Astor LLCAppellate Division of the Supreme Court of the State of New York · 2023
- Manfredonia v. 750 Astor LLCAppellate Division of the Supreme Court of the State of New York · 2023
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