Legal Opinion

Suwareh v. State

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

Decided December 29, 2005PublishedCited by 9 opinions

1Opinion of the Court

Judgment of the Court of Claims of the State of New York (Alan C. Marin, J.), entered on or about March 24, 2004, in favor of claimant and against defendant on the issue of liability under Labor Law § 240 (1), affirmed, without costs.

Claimant was made to haul an open bucket of hot tar up to a roof with a rope. On the way up, the bucket became stuck on a *381ledge. While trying to free the bucket, claimant lost his balance, and, as he leaned back so as not to fall off the roof, lost control of the bucket, which spilled hot tar onto his feet, burning them. Claimant presented expert testimony that…

2Cases cited3 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
  3. Mills v. Tumbleweed Management Co.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by9 opinions

  1. Lopez v. Boston Properties Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Reavely v. Yonkers Raceway Programs, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Ging v. F.J. Sciame Constr. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Ging v. F.J. Sciame Constr. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2021
  5. Ali v. Sloan-Kettering Inst. for Cancer ResearchAppellate Division of the Supreme Court of the State of New York · 2019

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