Legal Opinion
Spike v. Hollands' Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1993PublishedCited by 4 opinions
1Opinion of the Court
—Order unanimously reversed on the law with costs and motion granted. Memorandum: Supreme Court erred in denying plaintiffs’ motion for partial summary judgment on the issue of liability under Labor Law § 240 (1) on the ground that there were triable issues of fact whether any alleged violation of section 240 (1) was the proximate cause of plaintiff William Spike’s (plaintiff) injuries. Plaintiffs established that plaintiff was working on a scaffold approximately 5 to 5!ó feet above the floor when the scaffold suddenly “kicked out” from underneath him, causing him to fall to the floor below…
2Cases cited5 opinions
- Walsh v. BakerAppellate Division of the Supreme Court of the State of New York · 1991
- Klien v. General Foods Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Cartella v. Margaret Woodbury Strong MuseumAppellate Division of the Supreme Court of the State of New York · 1987
- Tiernan v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1991
- Hayes v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1988
3Cited by4 opinions
- Outar v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Kirkpatrick v. Diversified Sports, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Lamica v. SiskarAppellate Division of the Supreme Court of the State of New York · 2025
- Rivera v. Sealand Contractors Corp.New York Supreme Court · 1995