Staples v. Town of Amherst
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Denman, J.
On this appeal, we are called upon to reconsider our prior decisions holding that absolute liability under Labor Law § 240 (1) may be imposed only upon a showing that the injured worker fell from an elevated work surface or was struck by an object falling from an elevated work surface. We decline plaintiffs’ invitation to overrule our prior decisions and instead we adhere to the “falling worker or objects” test. Accordingly, we reverse the order granting partial summary judgment to plaintiffs on their section 240 (1) claim and grant summary judgment to defendant…
2Cases cited24 opinions
- Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
- Broderick v. Cauldwell-Wingate Co.New York Court of Appeals · 1950
- Copertino v. WardAppellate Division of the Supreme Court of the State of New York · 1984
- Mack v. Altmans Stage Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1984
- DaBolt v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1983
19 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Tillman v. Triou's Custom Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Mosher v. St. Joseph's VillaAppellate Division of the Supreme Court of the State of New York · 1992
- Ozzimo v. H.E.S., Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Carlos v. Rochester General HospitalAppellate Division of the Supreme Court of the State of New York · 1990
- Pietsch v. Moog, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
46 more not listed; retrieve them via the Exa API.