Legal Opinion

Rivera v. Sealand Contractors Corp.

New York Supreme Court

Decided July 25, 1995Published

1Opinion of the Court

OPINION OF THE COURT

Andrew V. Siracuse, J.

This Labor Law § 240 (1) case presents a novel issue: is a fall during the attempted rescue of a fellow laborer facing a gravity-related danger within the scope of the Scaffold Law? For several reasons this court holds that it is, and the plaintiffs herein are entitled to partial summary judgment.

*691Plaintiff Carmelo Rivera was working with Jeffrey Snow under the direction of Paul Briggs, painting a highway bridge over the New York State Barge Canal. On August 17, 1992, the crew was placing a tarp under the bridge to catch sand from sandblasting. Snow…

2Cases cited31 opinions

  1. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
  2. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  3. Wagner v. International Railway Co.New York Court of Appeals · 1921
  4. Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
  5. Mordkofsky v. V.C.V. Development Corp.New York Court of Appeals · 1990

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