Legal Opinion

Morris v. Mark IV Construction Co.

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

Decided April 15, 1994PublishedCited by 11 opinions

1Opinion of the Court

—Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court should have granted plaintiffs motion for partial summary judgment with respect to liability on plaintiffs Labor Law § 240 (1) cause of action against Mark IV Construction Co., Inc. (Mark IV) and defendant Dun-Rite Heating, Inc. (Dun-Rite).

By showing that he fell from an elevated worksite while engaging in activity protected under Labor Law § 240 (1), and that his injuries were proximately caused by the failure of Mark IV and Dun-Rite to provide proper safety devices…

2Cases cited5 opinions

  1. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
  2. Carlos v. Rochester General HospitalAppellate Division of the Supreme Court of the State of New York · 1990
  3. Damon v. StarkweatherAppellate Division of the Supreme Court of the State of New York · 1992
  4. Halkias v. Hamburg Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1992
  5. Wentland v. Occidental Chemical Corp.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by11 opinions

  1. Abramo v. Pepsi-Cola Buffalo Bottling Co.Appellate Division of the Supreme Court of the State of New York · 1996
  2. KIRBIS, RYAN D. v. LPCIMINELLI, INC.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Evans v. Syracuse Model Neighborhood Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Niles v. Shue Roofing Co.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Boivin v. Marrano/Marc Equity Corp.Appellate Division of the Supreme Court of the State of New York · 2010

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