Legal Opinion

Burke v. APV Crepaco, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 2003PublishedCited by 4 opinions

1Opinion of the Court

Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered December 16, 2002, which denied plaintiffs’ motion for partial summary judgment on the issue of liability under Labor Law § 240 (1).

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Nelson Burke (plaintiff) while he was installing an exhaust fan. Plaintiff fell when the unsecured ladder from which he was working tipped over. Supreme…

2Cases cited4 opinions

  1. Weininger v. Hagedorn & Co.New York Court of Appeals · 1998
  2. Klein v. City of New YorkNew York Court of Appeals · 1996
  3. Petit v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2003
  4. Dahl v. Armor Building SupplyAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by4 opinions

  1. Bailey v. Board of Education of Skaneateles Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2005
  2. Newman v. C. Destro Development Co.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Bonczar v. American Multi-Cinema, Inc.Appellate Division of the Supreme Court of the State of New York · 2018
  4. Bustos v. Rome General Lumber and HardwareNew York Supreme Court · 2004

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