Legal Opinion · Dissent

Hernandez v. Bethel United Methodist Church

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

Decided March 4, 2008Published

1Dissent

Nardelli and Buckley, JJ.,

dissent in a memorandum by Nardelli, J., as follows: I respectfully dissent and vote to reverse the order of the motion court and deny plaintiffs motion for partial summary judgment on his Labor Law § 240 (1) claim.

Plaintiff Christian Hernandez was employed by Master Fire Prevention Systems, Inc. (Master Fire) as a welder/installer and claims that on November 7, 2002, he was injured as the result of a fall from a ladder. Master Fire had been hired by defendant Bethel United Methodist Church of New York to install new duct work in a two-floor building it owned, which…

2Cases cited10 opinions

Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
Cahill v. TRIBOROUGHNew York Court of Appeals · 2004
Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948

5 more not listed; retrieve them via the Exa API.