Legal Opinion

Kozlowski v. Alcan Aluminum Corp.

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

Decided November 16, 1994No. Appeal No. 2PublishedCited by 4 opinions

1Opinion of the Court

—Appeal from order insofar as it denied reargument unanimously dismissed (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984) and order modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following Memorandum: Richard G. Kozlowski (plaintiff) fell from a permanent ladder affixed to a cold-mill processor. The IAS Court erred in granting defendant’s cross motion for summary judgment on the Labor Law § 240 (1) cause of action. The ladder was a part of *931the "structure” under Labor Law § 240 (1) (see, Lewis-Moors v Contel of N. Y., 78 NY2d 942, 943; Gordon…

2Cases cited10 opinions

  1. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  2. Empire Insurance v. Food City, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Lewis-Moors v. Contel of New York, Inc.New York Court of Appeals · 1991
  4. Wescott v. ShearAppellate Division of the Supreme Court of the State of New York · 1990
  5. Figueroa v. Manhattanville CollegeAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by4 opinions

  1. Szopinski v. MJ Mechanical Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Fuller v. NC3, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Mauro v. Rosedale EnterprisesAppellate Division of the Supreme Court of the State of New York · 2009
  4. Szopinski v. MJ Mechanical Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

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