Legal Opinion
Yellitz v. Brooklyn Union Gas Co.
Appellate Division of the Supreme Court of the State of New York
Decided August 4, 1997PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Barron, J.), entered July 25, 1996, which, after a jury trial, is in favor of the defendant and against them dismissing the complaint.
Ordered that the judgment is affirmed, with one bill of costs.
In order to prevail in an action to recover damages based upon an alleged violation of Labor Law § 240 (1), a plaintiff must prove that the statute was violated and that such violation was the proximate cause of the plaintiff’s injuries (see, Duda v Rouse Constr.…
2Cases cited21 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Bland v. ManocherianNew York Court of Appeals · 1985
- Mack v. Altmans Stage Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Duda v. John W. Rouse Construction Corp.New York Court of Appeals · 1973
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3Cited by3 opinions
- Woszczyna v. BJW AssociatesAppellate Division of the Supreme Court of the State of New York · 2006
- Hirsch v. Greenridge Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Stachnik Marina, Ltd. v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1999