Root v. County of Onondaga
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court properly granted defendants’ motions for summary judgment dismissing plaintiffs’ claim based upon an alleged violation of Labor Law § 240 (1). *1015We have consistently held that absolute liability under that section may be imposed only upon a showing that the injured worker fell from an elevated work surface or was struck by an object falling from an elevated work surface (see, Staples v Town of Amherst, 146 AD2d 292, 293; Fox v Jenny Eng’g Corp., 122 AD2d 532,…
2Cases cited7 opinions
- Russin v. Louis N. Picciano & SonNew York Court of Appeals · 1981
- DaBolt v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Celestine v. City of New YorkNew York Court of Appeals · 1983
- Staples v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1989
- Kerr v. Rochester Gas & Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Balthazar v. Full Circle Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Ruiz v. 8600 Roll Road, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Butt v. Bovis Lend Lease LMB, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Oakes v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Perry v. National Structures, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
2 more not listed; retrieve them via the Exa API.