Pomarzynski v. Park School
Cases that cite this one
3 later published cases cite this decision.
- Boncore v. Temple Beth Zion (Appellate Division of the Supreme Court of New York 2002)
- Dahl v. Armor Building Supply (Appellate Division of the Supreme Court of New York 2001)
- Handley v. J.N. White associates, Inc. (Appellate Division of the Supreme Court of New York 2001)
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 affirmed with costs. Memorandum: Supreme Court properly granted plaintiffs motion for partial summary judgment on liability under Labor Law § 240 (1). Plaintiff demonstrated a violation of defendant’s nondelegable duty to ensure that the ladder was “so constructed, placed and operated as to give proper protection” to plaintiff (Labor Law § 240 [1]) and that the statutory violation was a proximate cause of plaintiffs injuries (see, Melher v 6333 Main St., 91 NY2d 759, 762; Felker v Corning Inc., 90 NY2d 219, 224; Zimmer v Chemung County Performing Arts, 65 NY2d 513, 524, rearg denied 65 NY2d 1054). Third-party defendant failed to submit any evidence in opposition to the motion and thus failed to raise a triable question of fact on the issue of proximate cause (see, Adderly v ADF Constr. Corp., 273 AD2d 795; see also, Griffin v MWF Dev. Corp., 273 AD2d 907; cf., Weininger v Hagedorn & Co., 91 NY2d 958, 960, rearg denied 92 NY2d 875). (Appeal from Order of Supreme Court, Erie County, Glownia, J. — Summary Judgment.) Present — Wisner, J. P., Hurlbutt, Scudder and Kehoe, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.