Legal Opinion
Gasques v. State
New York Court of Appeals
Decided October 21, 2010No. 156PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs, and the certified question answered in the affirmative.
Claimant Wanderlei Gasques was injured while repainting the inside of a leg of the Kosciuszko Bridge, using a “spider scaffold.” His hand was injured when it became caught between the scaffold and the leg of the bridge, while the scaffold was ascending.
With respect to claimants’ Labor Law § 240 (1) cause of action, the parties agree that Gasques’ hand was crushed because the scaffold continued to move, under the…
2Cases cited3 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rizzuto v. L.A. Wenger Contracting Co.New York Court of Appeals · 1998
- Runner v. New York Stock Exchange, Inc.New York Court of Appeals · 2009
3Cited by26 opinions
- Marquez v. L & M Development Partners, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Torres v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Guallpa v. Canarsie Plaza, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Austin v. Consolidated Edison, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Karanikolas v. Elias Taverna, LLCAppellate Division of the Supreme Court of the State of New York · 2014
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