Legal Opinion

Kalofonos v. State

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

Decided November 19, 1984PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

Mollen, P. J.

The primary issue on this appeal is whether the State of New York can be held strictly liable in damages, pursuant to subdivision 1 of section 240 of the Labor Law, for an employee’s *76injuries proximately caused by an owner’s or contractor’s failure to provide a safety rail on scaffolding used in connection with sandblasting and painting the underside of a State-owned bridge. We conclude, as did the Court of Claims, that, under the facts and circumstances present in the case at bar, the State can be held strictly liable for the employee’s injuries. Accordingly,…

2Cases cited13 opinions

  1. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  2. Haimes v. New York Telephone Co.New York Court of Appeals · 1978
  3. Long v. Forest-FehlhaberNew York Court of Appeals · 1982
  4. DaBolt v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  5. Lagzdins v. United Welfare Fund-Security Division Marriott Corp.Appellate Division of the Supreme Court of the State of New York · 1980

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

3Cited by24 opinions

  1. Heath v. Soloff Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Perri v. Gilbert Johnson Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Harvel v. City of Johnston CityIllinois Supreme Court · 1992
  4. Blair v. Rosen-Michaels, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  5. Miller v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1990

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

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