Frank v. Meadowlakes Development Corp.
Cases that cite this one
11 later published cases cite this decision.
- Frank v. Meadowlakes Development Corp. (Appellate Division of the Supreme Court of New York 2005)
- Sponholz v. Benderson Property Development, Inc. (Appellate Division of the Supreme Court of New York 1999)
- Stiegman v. Barden & Robeson Corp. (Appellate Division of the Supreme Court of New York 2018)
- GILLIS, JACQUE R. v. BROWN, RODNEY C. (Appellate Division of the Supreme Court of New York 2015)
- Smith v. McClier Corp. (Appellate Division of the Supreme Court of New York 2007)
- Plump v. Wyoming County (Appellate Division of the Supreme Court of New York 2002)
- Brickel v. Buffalo Municipal Housing Authority (Appellate Division of the Supreme Court of New York 2001)
- Ring v. Bristol Builders, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Colyer v. K Mart Corp. (Appellate Division of the Supreme Court of New York 2000)
- Sponholz v. Benderson Property Development, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Frank v. Meadowlakes Development Corp. (Appellate Division of the Supreme Court of New York 1998)
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 unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Stephen R. Frank (plaintiff) was working for third-party defendant Home Insulation and Supply, Inc. (Home) when he fell backwards down a temporary staircase while carrying a large bag of insulation. Plaintiffs commenced this action against various parties, alleging violations of Labor Law §§ 200, 240 (1); § 241 (6) and § 241-a, as well as a claim for
Plaintiffs appeal from an order of Supreme Court (appeal No. 1) insofar as it denied that part of their motion for summary judgment on the Labor Law § 240 (1) claim and granted those parts of the cross motions of defendants Meadowlakes Development Corporation (Meadowlakes) and D.J.H. Enterprises, Inc., doing business as Danni-Marr Builders (DJH), for summary judgment dismissing that claim. The court properly denied plaintiffs’ motion but erred in granting those parts of the cross motions of Meadowlakes and DJH. A temporary staircase that is used for access to and from the upper levels of a house under construction is the “functional equivalent of a ladder” and falls within the designation of “other devices” within the meaning of Labor Law § 240 (1) (Wescott v Shear, 161 AD2d 925, appeal dismissed 76 NY2d 846; see, Williams v City of Albany, 245 AD2d 916, 917, appeal dismissed 91 NY2d 957). There is a question of fact, however, whether the alleged statutory violation was the proximate cause of the accident (see, Weininger v Hagedorn & Co., 91 NY2d 958, 959, rearg denied 92 NY2d 875). The court properly denied the motion of third-party defendant Douglas Kokanovich, doing business as Woodland Construction Co. (Kokanovich), for summary judgment dismissing the third- and fourth-party complaints. There are questions of fact whether Kokanovich or DJH provided the temporary staircase and, if provided by Kokanovich, whether it had a handrail.
Plaintiffs also appeal from the order insofar as it denied that part of their motion for summary judgment on the Labor Law § 241 (6) claim. Meadowlakes and DJH appeal from the order insofar as it denied those parts of their cross motions for summary judgment dismissing the Labor Law § 241 (6) claim. The court erred in denying the cross motions insofar as they alleged a violation of 12 NYCRR 23-1.7 (b). That regulation, although sufficiently specific to support liability under the statute (see, Mazzu v Benderson Dev. Co., 224 AD2d 1009), is not applicable to the facts of this case because plaintiff did not fall through a hazardous opening (see, Bennion v Good Year Tire & Rubber Co., 229 AD2d 1003; McCole v City of New York, 221 AD2d 605). The court properly denied the cross motions with respect to the alleged violations of 12 NYCRR 23-1.15 and 23-2.7 (e). There is a question of fact whether the lack of a railing was a proximate cause of the accident, and thus summary judgment is not appropriate (see, Mazzu v Benderson Dev. Co., supra).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.