Legal Opinion

Lehner v. Dormitory Authority of the State of New York

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

Decided November 15, 1995PublishedCited by 9 opinions

1Opinion of the Court

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memo*959randum: Supreme Court properly granted summary judgment dismissing plaintiff’s Labor Law § 240 (1) cause of action against defendant D.A. Elia Construction Corp. (see, Lehner v Dormitory Auth., 201 AD2d 948). The court erred, however, in granting summary judgment to defendants dismissing the Labor Law § 200 causes of action. Plaintiff submitted proof that defendants affirmatively created the dangerous condition that caused his accident by directing the placement of steel beams at…

2Cases cited4 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Adams v. Glass Fab, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Samiani v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Lehner v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by9 opinions

  1. Cafarella v. Harrison Radiator Division of General MotorsAppellate Division of the Supreme Court of the State of New York · 1997
  2. Scannell v. Mt. Sinai Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
  3. Nelson v. Sweet Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Elezaj v. P.J. Carlin Construction Co.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Castillo v. 3440 LLCAppellate Division of the Supreme Court of the State of New York · 2007

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