Legal Opinion
Peterson v. Barry, Bette & Led Duke, Inc.
New York Supreme Court
Decided May 2, 1996Published
1Opinion of the Court
OPINION OF THE COURT
Andrew V. Siracuse, J.
The parties correctly concur that Labor Law § 240 (1) applies to this fall-through-roof accident. Plaintiff has accordingly moved for summary judgment on liability. Defendants have cross-moved for summary judgment on their "recalcitrant worker” affirmative defense and have also moved for a conditional judgment of indemnification against third-party defendant, which countermoves against defendants for failure to furnish a bill of particulars.
The two kindred issues raised by defendants’ cross motion based on the recalcitrant worker defense are (i)…
2Cases cited37 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Russin v. Louis N. Picciano & SonNew York Court of Appeals · 1981
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- Bland v. ManocherianNew York Court of Appeals · 1985
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