Legal Opinion
Wittkopp v. ADF Construction Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 1998PublishedCited by 4 opinions
1Opinion of the Court
Order insofar as appealed from unanimously reversed on the law with costs and motion granted. Memorandum: John F. Wittkopp (plaintiff) was injured when he fell from the roof of a building at an apartment complex where he had been performing construction work. Supreme Court denied the motion of plaintiff and his wife for partial summary judgment on the Labor Law § 240 (1) cause of action on the ground that a factual dispute existed “as to how plaintiff came to be at the location he was at” when he *776fell. That was error. Plaintiffs established that materials for plaintiff’s assigned work were…
2Cases cited7 opinions
- Mosher v. St. Joseph's VillaAppellate Division of the Supreme Court of the State of New York · 1992
- Orr v. David Christa Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Wells v. CollegeNew York Court of Appeals · 1992
- Bilderback v. Agway Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Niles v. Shue Roofing Co.Appellate Division of the Supreme Court of the State of New York · 1995
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3Cited by4 opinions
- Tronolone v. Praxair, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Avraham v. Allied Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Santangelo v. Fluor Constructors International, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Croman v. County of OneidaAppellate Division of the Supreme Court of the State of New York · 2006