Legal Opinion

Conley v. Salt City Energy Venture, L.P.

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

Decided December 30, 1996PublishedCited by 4 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 properly granted plaintiffs’ motion for partial summary judgment on the issue of liability on the Labor Law § 240 (1) cause of action. It is undisputed that Dwight D. Conley (plaintiff), a boilermaker employed by third-party defendant, Custodis-Cottrell, Inc. (Custodis), was injured on a construction job when a section of the hoist he was using fell approximately 18 feet and struck him on the head. The danger caused by such a falling object is within the…

2Cases cited11 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Brown v. Two Exchange Plaza PartnersNew York Court of Appeals · 1990
  3. North Star Reinsurance Corp. v. Continental InsuranceNew York Court of Appeals · 1993
  4. Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
  5. Bay Ridge Air Rights, Inc. v. StateNew York Court of Appeals · 1978

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3Cited by4 opinions

  1. Newell v. Almeter-Barry Construction Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  2. Massella v. Partners Industrial ProductsNew York Supreme Court · 1997
  3. Polat v. Fifty CPW Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Hirsch v. K Mart Corp.Appellate Division of the Supreme Court of the State of New York · 1999

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