Legal Opinion
Kostyj v. Babiarz
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1995No. Appeal No. 1PublishedCited by 16 opinions
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Plaintiff was hired by defendants to paint their single-family residence. He was injured when the ladder on which he was standing *1011slipped and he fell to the ground. Plaintiff commenced this action seeking to impose liability pursuant to Labor Law § 240 (1). Supreme Court properly granted the cross motion of defendants for summary judgment dismissing the complaint upon the ground that they did not direct or control the manner or method of plaintiffs work and were exempt from liability under that statute.
The owner of a one- or two-family…
2Cases cited5 opinions
- Kolakowski v. FeeneyAppellate Division of the Supreme Court of the State of New York · 1994
- Spinillo v. Strober Long Island Building Material Centers, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Reyes v. SilfiesAppellate Division of the Supreme Court of the State of New York · 1990
- Sanna v. PotterAppellate Division of the Supreme Court of the State of New York · 1992
- Pesa v. GinsbergAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by16 opinions
- Lieberth v. WaldenAppellate Division of the Supreme Court of the State of New York · 1996
- Nowak v. KieferAppellate Division of the Supreme Court of the State of New York · 1998
- Cody v. GarmanAppellate Division of the Supreme Court of the State of New York · 1999
- Schultz v. NoellerAppellate Division of the Supreme Court of the State of New York · 2004
- Slettene v. GinsburgAppellate Division of the Supreme Court of the State of New York · 1999
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