Hilbert v. Sahlen Packing Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Plaintiff appeals from that portion of an order denying his motion for partial summary judgment against defendant, Sahlen Packing Company (Sahlen), on the issue of liability under Labor Law § 240 (1). Sahlen cross-appeals from the order insofar as it dismissed the recalcitrant worker defense.
We conclude as a matter of law that Sahlen, as the “title owner” of the property, is an owner within the meaning of Labor Law § 240 (1) (see, Adimey v Erie County Indus. Dev. Agency, 89 NY2d 836, modfg on dissenting in part mem at 226 AD2d 1053). The…
2Cases cited8 opinions
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- Felker v. Corning Inc.New York Court of Appeals · 1997
- Weininger v. Hagedorn & Co.New York Court of Appeals · 1998
- Lewis-Moors v. Contel of New York, Inc.New York Court of Appeals · 1991
- Coleman v. City of New YorkNew York Court of Appeals · 1997
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- Salotti v. Wellco, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Loveless v. American Reffuel Co. of Niagara, L.P.Appellate Division of the Supreme Court of the State of New York · 2002
- Manning v. Walter S. Johnson Building Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Silk v. TurkAppellate Division of the Supreme Court of the State of New York · 2002
- FRONCE, RICHARD J. v. PORT BYRON TELEPHONE COMPANY, INC.Appellate Division of the Supreme Court of the State of New York · 2015
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