Legal Opinion

Rossi v. Main-South Hotel Associates

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

Decided December 21, 1990PublishedCited by 7 opinions

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

  1. Bland v. ManocherianNew York Court of Appeals · 1985
  2. Mack v. Altmans Stage Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1984
  3. Heath v. Soloff Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Avner v. 93rd Street Ass'nAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by7 opinions

  1. GOULD, NED W. v. E.E. AUSTIN & SON, INC.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Sims v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2014
  3. Pulsifer v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Becker v. RoyceAppellate Division of the Supreme Court of the State of New York · 1991
  5. Knight v. Conopco, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

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