Salotti v. Wellco, Inc.
Appellate Division of the Supreme Court of the State of New York
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
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- Weininger v. Hagedorn & Co.New York Court of Appeals · 1998
- Stolt v. General Foods Corp.New York Court of Appeals · 1993
- Heath v. Soloff Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Hagins v. StateNew York Court of Appeals · 1993
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Akins v. Central New York Regional Market AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
- Scott v. Crystal Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Howe v. Syracuse UniversityAppellate Division of the Supreme Court of the State of New York · 2003
- Szuba v. Marc Equity Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- 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.