Legal Opinion
Franz v. Dregalla
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 1983PublishedCited by 4 opinions
1Opinion of the Court
. Order unanimously affirmed, with costs. Mem*964orandum: Plaintiff, injured from a fall through an unprotected hole in a roof during the construction of a one-family dwelling on July 18,1979, is entitled to the application of the law as it existed as of the time of the injury. Plaintiff’s fall was clearly caused by the fact that he had been provided no safety device “which shall be so constructed, placed and operated as to give proper protection to a person”, in violation of subdivision 1 of section 240 of the Labor Law (Brant v Republic Steel Corp., 91 AD2d 842). The statute imposed absolute…
2Cases cited8 opinions
- Haimes v. New York Telephone Co.New York Court of Appeals · 1978
- Deutsch v. CatherwoodNew York Court of Appeals · 1973
- Hastings v. Byllesby Co. (Granbery)New York Court of Appeals · 1944
- Claim of Mlodozeniec v. Worthington Corp.Appellate Division of the Supreme Court of the State of New York · 1959
- Mlodozeniec v. Worthington Corp.New York Court of Appeals · 1960
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3Cited by4 opinions
- Copertino v. WardAppellate Division of the Supreme Court of the State of New York · 1984
- Larson v. HeraldAppellate Division of the Supreme Court of the State of New York · 1983
- Frycek v. Corning Inc.New York Supreme Court · 1997
- Pioneer Transportation Corp. v. KalajianNew York Supreme Court · 1984