Legal Opinion

Bustos v. Rome General Lumber and Hardware

New York Supreme Court

Decided October 26, 2004Published

1Opinion of the Court

OPINION OF THE COURT

Robert F. Julian, J.

Relief Requested: Plaintiff moves for partial summary judgment *547determining liability against the defendant pursuant to Labor Law § 240.

Holding: Partial summary judgment granted. Plaintiffs fall was caused by a violation of Labor Law § 240.

Discussion: Citing Blake v Neighborhood Hous. Servs. of N.Y. City, Inc. (1 NY3d 280 [2003]), the defendant argues that the plaintiff has failed to demonstrate any violation of Labor Law § 240, that the ladder in question was sound and sufficient, that the plaintiffs negligence was the sole cause of his injury, and that…

2Cases cited10 opinions

  1. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  2. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
  3. Bland v. ManocherianNew York Court of Appeals · 1985
  4. Haimes v. New York Telephone Co.New York Court of Appeals · 1978
  5. Weininger v. Hagedorn & Co.New York Court of Appeals · 1998

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