Rossi v. Main-South Hotel Associates
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed on the law without costs and motion denied. Memorandum: To be entitled to a judgment on liability for a violation of section 240 (1) of the Labor Law, plaintiff was required to prove, as a matter of law, not only a violation of the section, but also that the violation was a proximate cause of his injuries (see, Bland v Manocherian, 66 NY2d 452, 459; Avner v 93rd St. Assn., 147 AD2d 414, 415; Heath v Soloff Constr., 107 AD2d 507, 510; Mack v Altmans Stage Light. Co., 98 AD2d 468, 470-471). Supreme Court erred in granting plaintiffs motion for partial summary judgment…
2Cases cited4 opinions
- 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
- Heath v. Soloff Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Avner v. 93rd Street Ass'nAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by7 opinions
- GOULD, NED W. v. E.E. AUSTIN & SON, INC.Appellate Division of the Supreme Court of the State of New York · 2014
- Sims v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2014
- Pulsifer v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Becker v. RoyceAppellate Division of the Supreme Court of the State of New York · 1991
- Knight v. Conopco, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
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