Legal Opinion

Enderby v. Keppler

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

Decided June 5, 1992PublishedCited by 6 opinions

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted plaintiffs’ motion for summary judgment against defendant Polick, the general contractor, on the issue of defendant’s liability under Labor Law § 240 (1). Polick presented an estimate for the cost of the work, controlled the work and received payment for it. Labor Law § 240 (1) imposes a nondelegable duty on the general contractor to provide proper scaffolding and safety equipment and imposes absolute liability for a failure to do so (Heath v Soloff Constr., 107 AD2d 507, 510-511). Polick’s contention that…

2Cases cited3 opinions

  1. Cannon v. PutnamNew York Court of Appeals · 1990
  2. Heath v. Soloff Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  3. Lister Electric, Inc. v. Incorporated Village of CedarhurstAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by6 opinions

  1. Earsing v. NelsonAppellate Division of the Supreme Court of the State of New York · 1995
  2. Bartoo v. BuellAppellate Division of the Supreme Court of the State of New York · 1993
  3. Catamount Enterprises Ltd. v. Town of Lyons AssessorsAppellate Division of the Supreme Court of the State of New York · 1997
  4. Bartoo v. BuellAppellate Division of the Supreme Court of the State of New York · 1993
  5. Bartoo v. BuellAppellate Division of the Supreme Court of the State of New York · 1993

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