Quinlan v. Eastern Refractories Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCasey, J.
Appeal from an order of the Supreme Court (Kahn, J.), entered April 25, 1994 in Albany County, which, inter alia, granted plaintiffs’ motion for partial summary judgment on their Labor Law § 240 cause of action.
In Beesimer v Albany Ave./ Route 9 Realty we explained: "The rule in this Department is that when a worker injured in a fall was provided with an elevation-related safety device, the question of whether the device provided proper protection *820within the meaning of Labor Law § 240 (1) is ordinarily a question of fact * * * except where the device collapses, slips or otherwise fails to…
2Cases cited5 opinions
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- Beesimer v. Albany Avenue/Route 9 Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Dennis v. Beltrone Construction Co.Appellate Division of the Supreme Court of the State of New York · 1993
- Kendall v. Venture Development, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Rose v. Mount Ebo Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by17 opinions
- Perri v. Gilbert Johnson Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 2005
- Smith v. Pergament Enterprises of S.I.Appellate Division of the Supreme Court of the State of New York · 2000
- Spenard v. Gregware General ContractingAppellate Division of the Supreme Court of the State of New York · 1998
- Mooney v. PCM Development Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Briggs v. HaltermanAppellate Division of the Supreme Court of the State of New York · 1999
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