Malecki v. Wal-Mart Stores, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted the cross motion of defendants and third-party plaintiffs insofar as it sought summary judgment dismissing the Labor Law § 240 (1) claim. Paul E. Malecki (plaintiff), an ironworker employed by third-party defendant Niagara Falls Erecting, Inc. (Niagara Erecting), was injured when a 2,000-pound bundle of steel slid off a forklift and fell about three feet onto plaintiff’s foot. Labor Law § 240 (1) envisions "extraordinary elevation risks” and…
2Cases cited12 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
- Misseritti v. Mark IV Construction Co.New York Court of Appeals · 1995
- Rodriguez v. Margaret Tietz Center for Nursing Care, Inc.New York Court of Appeals · 1994
- Gillmore v. DanielAppellate Division of the Supreme Court of the State of New York · 1995
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Thompson v. St. Charles CondominiumsAppellate Division of the Supreme Court of the State of New York · 2003
- Colyer v. K Mart Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Brechue v. Town of WheatfieldAppellate Division of the Supreme Court of the State of New York · 1997
- Hennard v. BoyceAppellate Division of the Supreme Court of the State of New York · 2004
- Brickel v. Buffalo Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
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