Wicks v. Trigen-Syracuse Energy Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Centra, J.
I
The primary issue on this appeal is whether plaintiff was engaged in “cleaning” under Labor Law § 240 (1) at the time of the accident. We conclude that he was not and thus that Supreme Court erred in granting plaintiffs motion for partial summary judgment on liability with respect to the Labor Law § 240 (1) claim and in denying that part of defendant’s cross motion for summary judgment dismissing that claim.
II
At the time of the accident, plaintiff was working at an alternative fuel processing facility owned by defendant. The paper that was processed to produce…
2Cases cited19 opinions
- Martinez v. City of New YorkNew York Court of Appeals · 1999
- Panek v. County of AlbanyNew York Court of Appeals · 2003
- Smith v. Shell Oil Co.New York Court of Appeals · 1995
- Broggy v. Rockefeller Group, Inc.New York Court of Appeals · 2007
- Brown v. Christopher Street Owners Corp.New York Court of Appeals · 1996
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- BISH, ROBERT v. ODELL FARMS PARTNERSHIPAppellate Division of the Supreme Court of the State of New York · 2014
- Bish v. Odell Farms PartnershipAppellate Division of the Supreme Court of the State of New York · 2014
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