Legal Opinion

Salotti v. Wellco, Inc.

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

Decided June 16, 2000PublishedCited by 11 opinions

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Plaintiff contends that Supreme Court erred in denying his motion for partial summary judgment on liability under Labor Law § 240 (1) because there are no triable issues of fact concerning whether plaintiff was a recalcitrant worker or whether his actions were the sole proximate cause of his injuries. We agree with plaintiff that the recalcitrant worker defense lacks merit as a matter of law. A defendant does not establish that defense merely by showing that plaintiff was instructed to avoid an unsafe practice (see, Gordon v Eastern Ry.…

2Cases cited12 opinions

  1. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  2. Weininger v. Hagedorn & Co.New York Court of Appeals · 1998
  3. Stolt v. General Foods Corp.New York Court of Appeals · 1993
  4. Heath v. Soloff Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  5. Hagins v. StateNew York Court of Appeals · 1993

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Akins v. Central New York Regional Market AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  2. Scott v. Crystal Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Howe v. Syracuse UniversityAppellate Division of the Supreme Court of the State of New York · 2003
  4. Szuba v. Marc Equity Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  5. Huthmacher v. Dunlop Tire Corp.Appellate Division of the Supreme Court of the State of New York · 2001

6 more not listed; retrieve them via the Exa API.

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