Legal Opinion
Cartella v. Margaret Woodbury Strong Museum
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1987PublishedCited by 8 opinions
1Opinion of the Court
— Order unanimously reversed on the law with costs and motion granted. Memorandum: The court should have granted summary judgment to plaintiff on the issue of liability based upon a violation of Labor Law § 240 (1). The undisputed facts show that while repairing an area near the ceiling of a building, plaintiff fell from a plank or scaffolding which was elevated eight feet from the floor. The plank or scaffolding had no guardrail and no other safety devices were provided. The failure to provide any safety device violates Labor Law § 240 (1) (Zimmer v Chemung County Performing Arts, 65 NY2d…
2Cases cited3 opinions
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Bland v. ManocherianNew York Court of Appeals · 1985
- Heath v. Soloff Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by8 opinions
- Beesimer v. Albany Avenue/Route 9 Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Koumianos v. StateAppellate Division of the Supreme Court of the State of New York · 1988
- Cipolla v. S.M. Flickinger Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Rose v. Mount Ebo Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Spike v. Hollands' Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1993
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