Legal Opinion

Gardner v. New York City Transit Authority

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

Decided April 2, 2001PublishedCited by 12 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendant New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Bruno, J.), dated December 13, 1999, which granted the plaintiff’s motion for partial summary judgment against it *431on the issue of liability on the cause of action based upon Labor Law § 240 (1).

Ordered that the order is affirmed, with costs.

It is well settled that to establish a prima facie violation of Labor Law § 240 (1) a plaintiff must establish that “the statute was violated and that this violation was a proximate cause of his or…

2Cases cited3 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Sprague v. Peckham Materials Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Figueroa v. Manhattanville CollegeAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by12 opinions

  1. Pichardo v. Aurora Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Fox v. H&M Hennes & Mauritz, L.P.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Andino v. BFC Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Barr v. 157 5 AvenueAppellate Division of the Supreme Court of the State of New York · 2009
  5. Herrnsdorf v. Bernard Janowitz Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2009

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