Legal Opinion
Tse Chin Cheung v. G & M Hardware & Electric, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 1998PublishedCited by 5 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about May 1,1997, which denied plaintiffs motion for summary judgment on his Labor Law § 240 (1) claim, and granted defendants-respondents owners’ cross motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
We agree with the IAS Court that the evidence unequivocally demonstrates that the chimney installation work plaintiff was doing on the “makeshift” scaffold that collapsed was gratuitously volunteered to his brother, who operated a restaurant on defendants’…
2Cases cited3 opinions
- Whelen v. Warwick Valley Civic & Social ClubNew York Court of Appeals · 1979
- Gibson v. Worthington Division of McGraw-Edison Co.New York Court of Appeals · 1991
- Kistoo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by5 opinions
- Stringer v. MusacchiaNew York Court of Appeals · 2008
- Daniello v. Holy Name ChurchAppellate Division of the Supreme Court of the State of New York · 2001
- Sullivan v. International Fidelity InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
- Price v. TuneCore, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Stringer v. MusacchiaAppellate Division of the Supreme Court of the State of New York · 2007