John v. Baharestani
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*115OPINION OF THE COURT
Sullivan, P. J.
Plaintiff, a laborer at a construction site, sues to recover for personal injuries sustained when he fell some 30 feet from an unprotected and unguarded opening on the third floor of the building under construction, a three-story dwelling. Although it is unquestioned that plaintiff was working at the site at the time, there is a factual dispute as to what precipitated his fall. At issue on this appeal from the denial of his motion for partial summary judgment on liability pursuant to Labor Law § 240 (1) is whether plaintiff is entitled to such relief.
Defendan…
2Cases cited10 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- Richardson v. MatareseAppellate Division of the Supreme Court of the State of New York · 1994
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- Maldonado v. Townsend Avenue Enterprises, Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2002
- Ernish v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
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