Legal Opinion
Orcutt v. American Linen Supply Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1995PublishedCited by 62 opinions
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying plaintiff’s motion for partial summary judgment on liability under Labor Law § 240. The court denied the motion without prejudice to renew "after a reasonable time for discovery on the issue of causation.” The court properly found that plaintiff met his burden of proving a violation of Labor Law § 240 and that the violation was a proximate cause of his injuries. It is undisputed that plaintiff, who was operating a man-lift and was about 30…
2Cases cited4 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- George Larkin Trucking Co. v. Lisbon Tire Mart, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Boshart v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by62 opinions
- Carpio v. Tishman Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- LANE, GERTRUDE A. v. TEXAS ROADHOUSE HOLDINGS, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Serpe v. Eyris Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Baity v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Jackson v. BrownAppellate Division of the Supreme Court of the State of New York · 2006
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