Legal Opinion

Bauer v. Female Academy of the Sacred Heart

New York Court of Appeals

Decided March 26, 2002PublishedCited by 35 opinions

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

  1. Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
  2. Long v. Forest-FehlhaberNew York Court of Appeals · 1982
  3. Elliott v. City of New YorkNew York Court of Appeals · 2001
  4. Schumer v. CaplinNew York Court of Appeals · 1925
  5. Brown v. Christopher Street Owners Corp.New York Court of Appeals · 1996

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3Cited by35 opinions

  1. Broggy v. Rockefeller Group, Inc.New York Court of Appeals · 2007
  2. Heller v. Louis Provenzano, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Soto v. J. Crew Inc.New York Court of Appeals · 2013
  4. Mosezhnik v. BerensteinAppellate Division of the Supreme Court of the State of New York · 2006
  5. Cruz v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2005

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