Legal Opinion
Siegel v. RRG Fort Greene, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 2009PublishedCited by 7 opinions
1Opinion of the Court
Plaintiff made a prima facie showing of liability under section 240 (1) by his testimony that the ladder tipped, causing him and the ladder to fall (see Panek v County of Albany, 99 NY2d 452, 458 [2003]). In opposition, defendants and H&L failed to raise an issue of fact whether plaintiffs negligence was the sole proximate cause of the accident. Contrary to H&L’s contention, plaintiff was not required to show that the ladder was somehow defective (see McCarthy v Turner Constr., Inc., 52 AD3d 333, 333-334 [2008]).
As there is no evidence that Atlantic Center, the owner of the mall where…
2Cases cited3 opinions
- Panek v. County of AlbanyNew York Court of Appeals · 2003
- McCarthy v. Turner Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Callan v. Structure Tone, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by7 opinions
- Lipari v. AT Spring, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Ortiz v. Burke Avenue Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Hamill v. Mutual of America Investment Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Harrison v. V.R.H. Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Estrella v. GIT Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
2 more not listed; retrieve them via the Exa API.