Legal Opinion

Romanczuk v. Metropolitan Insurance & Annuity Co.

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

Decided April 27, 2010PublishedCited by 32 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered March 23, 2009, which, insofar as appealed from as limited by the briefs, granted plaintiff’s motion for partial summary judgment on the issue of defendants-appellants’ liability under Labor Law § 240 (1), unanimously affirmed, without costs.

The record demonstrates that the failure of appellants to properly construct and secure the scaffolding, and the failure to provide adequate safety devices was a proximate cause of plaintiffs injury. Appellants’ argument that plaintiff and his foreman’s conflicting versions of the…

2Cases cited5 opinions

  1. John v. BaharestaniAppellate Division of the Supreme Court of the State of New York · 2001
  2. Ernish v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  3. Picano v. Rockefeller Center North, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Ben Gui Zhu v. Great River Holding, LLCAppellate Division of the Supreme Court of the State of New York · 2005
  5. Aponte v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by32 opinions

  1. Cuentas v. Sephora USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  2. Hill v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  3. Ortiz v. Burke Avenue Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Aburto v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  5. Fernandez v. BBD Developers, LLCAppellate Division of the Supreme Court of the State of New York · 2013

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