Legal Opinion
Gonzalez v. Rodless Properties, L.P.
Appellate Division of the Supreme Court of the State of New York
Decided February 6, 2007PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered on or about April 26, 2006, which, to the extent appealed from as limited by the briefs, denied plaintiffs’ motion for summary judgment under Labor Law § 240, unanimously affirmed, without costs.
“Labor Law § 240 (1) requires that safety devices such as ladders be so ‘constructed, placed and operated as to give proper protection’ to a worker” (Klein v City of New York, 89 NY2d 833, 834-835 [1996]). For liability to attach, the absence of a safety device must be a proximate cause of a worker’s injury (see Felker v…
2Cases cited4 opinions
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Felker v. Corning Inc.New York Court of Appeals · 1997
- Klein v. City of New YorkNew York Court of Appeals · 1996
- Gherghinoiu v. Atco Properties & Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by3 opinions
- Albino v. 221-223 West 82 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- Christiano v. Random House, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Radeljic v. Certified of N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2018