Legal Opinion
Rogers v. County of Niagara
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1994PublishedCited by 4 opinions
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly dismissed plaintiff’s Labor Law § 240 (1) cause of action. Plaintiff was injured when the wall of an excavation trench caved in on him. Labor Law § 240 (1) does not impose liability in favor of a worker injured in the collapse of an excavation trench (see, Kelleher v First Presbyt. Church, 158 AD2d 946, lv dismissed 75 NY2d 947; Staples v Town of Amherst, 146 AD2d 292, 301). The court erred, however, in dismissing plaintiff’s Labor Law § 241 (6)…
2Cases cited5 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Staples v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1989
- Schwalm v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1990
- Kelleher v. First Presbyterian ChurchAppellate Division of the Supreme Court of the State of New York · 1990
- Shoemaker v. StateAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by4 opinions
- Allen v. Hodorowski and DeSantis Building Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Misseritti v. Mark IV Construction Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Rivas v. Seward Park Hous. Corp.Appellate Division of the Supreme Court of the State of New York · 2023
- Pinheiro v. Montrose Improvement DistrictAppellate Division of the Supreme Court of the State of New York · 1996