Bauer v. Female Academy of the Sacred Heart
New York Court of Appeals
1Opinion of the Court
*449OPINION OF THE COURT
Ciparick, J.
The two issues to be resolved on this appeal are first, whether an injured window cleaner’s claims under Labor Law § 202 and Labor Law § 240 (1) can coexist, and second, whether a violation of Labor Law § 202, which gives a cause of action to persons injured while cleaning windows and building exteriors, results in strict liability or comparative negligence. We conclude that plaintiff can assert claims under both Labor Law § 202 and Labor Law § 240 (1), and that Labor Law § 202 requires application of comparative negligence principles.
Keith Bauer was a window…
2Cases cited9 opinions
- Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
- Long v. Forest-FehlhaberNew York Court of Appeals · 1982
- Elliott v. City of New YorkNew York Court of Appeals · 2001
- Schumer v. CaplinNew York Court of Appeals · 1925
- Brown v. Christopher Street Owners Corp.New York Court of Appeals · 1996
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- Mosezhnik v. BerensteinAppellate Division of the Supreme Court of the State of New York · 2006
- Cruz v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2005
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