Legal Opinion
Farmer v. City of Niagara Falls
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 1998PublishedCited by 6 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied, cross motion granted and Labor Law § 240 (1) cause of action dismissed. Memorandum: Supreme Court erred in granting plaintiffs motion for partial summary judgment on liability under Labor Law § 240 (1) and in denying defendant’s cross motion for summary judgment dismissing that cause of action. The evidence establishes that plaintiff was injured while attempting to climb over a two- to four-foot-high interior concrete wall situated on the second-floor deck of a building under construction. Plaintiff had just cut a piece of…
2Cases cited3 opinions
- Misseritti v. Mark IV Construction Co.New York Court of Appeals · 1995
- Rodriguez v. Margaret Tietz Center for Nursing Care, Inc.New York Court of Appeals · 1994
- Gaul v. Motorola, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by6 opinions
- Baker v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2011
- Musselman v. Charles A. Gaetano Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Cundy v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Farrell v. Blue Circle Cement, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Amo v. Little Rapids Corp.Appellate Division of the Supreme Court of the State of New York · 2000
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