Appellate Division of the Supreme Court of New York, 1996

Kirchner v. BRC Human Services Corp.

Appellate Division of the Supreme Court of New York · Decided February 13, 1996

224 A.D.2d 270; 638 N.Y.S.2d 21; 1996 N.Y. App. Div. LEXIS 1058

Cases that cite this one

8 later published cases cite this decision.

Acosta v. Kent Bentley Apartments, Inc. (Appellate Division of the Supreme Court of New York 2002)
Kehoe v. 61 Broadway Owner LLC (Appellate Division of the Supreme Court of New York 2020)
Kehoe v. 61 Broadway Owner LLC (Appellate Division of the Supreme Court of New York 2020)
Bataraga v. Burdick (Appellate Division of the Supreme Court of New York 1999)
Mehmedagic v. New York University Medical Center (Appellate Division of the Supreme Court of New York 1998)
Santamaria v. 1125 Park Avenue Corp. (Appellate Division of the Supreme Court of New York 1998)
Skow v. Jones, Lang & Wooton Corp. (Appellate Division of the Supreme Court of New York 1997)
Drivas v. Breger (Appellate Division of the Supreme Court of New York 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Order, Supreme Court, Bronx County (Anne Targum, J.), entered February 23, 1995, which, insofar as appealed from, granted plaintiff’s motion for partial *271summary judgment on the issue of liability under Labor Law § 240 (1), unanimously affirmed, without costs.

The IAS Court properly found a violation of Labor Law § 240 (1) where plaintiff was injured on a fire escape ladder that slipped as he climbed up it to gain access to the demolition worksite (see, Urrea v Sedgwick Ave. Assocs., 191 AD2d 319). Since the fire escape ladder was the only way to enter and exit the building, the interior of which was being demolished, and the foreman directed plaintiff to use it, it was effectively furnished and operated by defendants within the meaning of the statute (see, Foufana v City of New York, 211 AD2d 550). That the ladder was permanently affixed to the building, or that the accident occurred while plaintiff was accessing the worksite as opposed to actually working on the ladder, does not preclude application of the statute (see, Ciraolo v Melville Ct. Assocs., 221 AD2d 582; Holka v Mt. Mercy Academy, 221 AD2d 949; Szopinski v MJ Mech. Servs., 217 AD2d 906). Concur — Wallach, J. P., Nardelli, Williams and Mazzarelli, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.