Legal Opinion
Wegner v. State Street Bank & Trust Co. of Connecticut National Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 2002PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered June 13, 2001, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
*212This action is for personal injury sustained when plaintiff tripped over either a prong or leg of a pallet jack while steadying a cabinet, and twisted his back. The Labor Law § 240 (1) claim was properly dismissed because plaintiffs injury was not the result of an elevation-related risk. As is evident from plaintiffs own testimony, he was not performing work involving a significant physical…
2Cases cited4 opinions
- Joblon v. SolowNew York Court of Appeals · 1998
- Maldonado v. Townsend Avenue Enterprises, Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2002
- McCormack v. Helmsley-Spear, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Murphy v. Broadway 48-49th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by5 opinions
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- Fontaine v. Juniper AssociatesNew York Supreme Court · 2009
- Garcia v. 95 Wall Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Garcia v. 95 Wall Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Santacruz v. 58 Gerry St. LLCAppellate Division of the Supreme Court of the State of New York · 2026