Legal Opinion

Labodin v. State

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

Decided September 15, 1997No. Claim No. 92066Published

1Opinion of the Court

In a claim to recover damages for personal injuries, etc., the defendant appeals from an order of the Court of Claims (McNamara, J.), dated August 1, 1996, which granted the claimants’ motion for partial summary judgment on the issue of liability under Labor Law § 240 (1).

Ordered that the order is affirmed, with costs.

Contrary to the State’s contention, Labor Law § 240 (1) requires safe scaffolding and other devices for the protection of workers (see, Alderman v State of New York, 139 Misc 2d 510, 515; see also, Pritchard v Murray Walter, Inc., 157 AD2d 1012).

In support of their motion for…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
  3. Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
  4. Pritchard v. Murray Walter, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  5. Alderman v. StateNew York Court of Claims · 1988

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