Legal Opinion

Smith v. Yonkers Contracting Co.

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

Decided March 25, 2008Published

1Opinion of the Court

The Supreme Court correctly granted the plaintiffs’ motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1). The plaintiffs established their prima facie entitlement to judgment as a matter of law by submitting evidence sufficient to demonstrate that the defendant failed to provide adequate safety devices and that its violation of Labor Law § 240 (1) was a proximate cause of the injuries incurred (see Felker v Corning Inc., 90 NY2d 219, 224 [1997]; Tylman v School Constr. Auth., 3 AD3d 488, 489 [2004]; Ramos v Port Auth. of N.Y. & N.J., 306 AD2d 147, 148 [2003];…

2Cases cited6 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Felker v. Corning Inc.New York Court of Appeals · 1997
  4. Nephew v. BarcombAppellate Division of the Supreme Court of the State of New York · 1999
  5. Ramos v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 2003

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