Legal Opinion
Weiser v. Builders Square, Inc.
New York Supreme Court
Decided March 15, 1995PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph D. Mintz, J.
Plaintiff moves for partial summary judgment on the issue of liability under Labor Law § 240. Defendant cross-moves to dismiss the action on the grounds that it is not a liable person within the meaning of section 240.
Section 240 imposes absolute liability upon "[a]ll contractors and owners and their agents”. (Haimes v New York Tel. Co., 46 NY2d 132, 134 [1978].) By a 1980 amendment, section 240 excepts from liability "owners of one and two-family dwellings who contract for but do not direct or control the work.” Both parties agree that the owner of the…
2Cases cited8 opinions
- Lombardi v. StoutNew York Court of Appeals · 1992
- Haimes v. New York Telephone Co.New York Court of Appeals · 1978
- Amerogen v. DonniniNew York Court of Appeals · 1991
- Marasco v. KaplanAppellate Division of the Supreme Court of the State of New York · 1991
- Kopacz v. Airco Carbon, Division of Airco, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
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3Cited by2 opinions
- Reinoso v. BiordiAppellate Division of the Supreme Court of the State of New York · 2013
- Reinoso v. BiordiAppellate Division of the Supreme Court of the State of New York · 2013