Legal Opinion
Fontaine v. Juniper Associates
New York Supreme Court
Decided June 30, 2009Published
1Opinion of the Court
OPINION OF THE COURT
Lucy Billings, J.
I. Background
This decision determines that, even though the Court of Appeals in Toefer v Long Is. R.R. (4 NY3d 399 [2005]) foreclosed liability under Labor Law § 240 (1) for a fall from a flatbed truck, plaintiff still may establish defendants’ liability for materials that fell onto him from a flatbed above. Furthermore, even though the Appellate Division, First Department, in Buckley v Columbia Grammar & Preparatory (44 AD3d 263 [1st Dept 2007]), suggests that 12 NYCRR 23-2.1 (a) (2) applies only to stored material and equipment, section 23-2.1 (a) (2)’s…
2Cases cited65 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
- Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004
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