Legal Opinion
Zdzinski v. North Star Construction, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1997PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Plaintiff was demolishing a concrete fire wall on the ground floor or basement of a building by hitting the wall with a sledgehammer when a piece of concrete block that was part of the wall fell and struck his hand. Because the wall was at the same elevation as plaintiff’s work site, Supreme Court properly granted that part of defendant’s cross motion for summary judgment dismissing the Labor Law § 240 (1) cause of action (see, Misseritti v Mark IV Constr. Co., 86 NY2d 487, 491, rearg denied 87 NY2d 969; Matter of Sabovic v State of New…
2Cases cited4 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Misseritti v. Mark IV Construction Co.New York Court of Appeals · 1995
- Klien v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1995
- Sabovic v. StateAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by3 opinions
- Bennett v. SDS HoldingsAppellate Division of the Supreme Court of the State of New York · 2003
- Terry v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- Narducci v. Manhasset Bay AssociatesAppellate Division of the Supreme Court of the State of New York · 2000