Legal Opinion
Della Porta v. East 51st Street Development Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 2011PublishedCited by 3 opinions
1Opinion of the Court
Where, as here, it is undisputed that plaintiff John Della Porta was injured as a result of the collapse of a crane, a prima facie case of liability under Labor Law § 240 (1) is established (see Thompson v St. Charles Condominiums, 303 AD2d 152, 154 [2003], lv dismissed 100 NY2d 556 [2003]; Cosban v New York City Tr. Auth., 227 AD2d 160, 161 [1996]). Plaintiffs’ alleged reliance on inadmissible reports is of no moment, given the undisputed facts.
Defendants have failed to raise an issue of fact as to whether they violated Labor Law § 240 (1) and whether such violation proximately caused…
2Cases cited11 opinions
- Cahill v. TRIBOROUGHNew York Court of Appeals · 2004
- McCarthy v. Turner Construction, Inc.New York Court of Appeals · 2011
- Gallagher v. New York PostNew York Court of Appeals · 2010
- Auriemma v. Biltmore Theatre, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Thompson v. St. Charles CondominiumsAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by3 opinions
- Aburto v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- DeGidio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019
- Loja v. 133 Lincoln LLCAppellate Division of the Supreme Court of the State of New York · 2024