Sciolino v. Village of Warsaw
Cases that cite this one
1 later published case cites this decision.
- 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: Plaintiff commenced this action to recover damages for injuries that he sustained in a fall from scaffolding at a construction site owned by defendant. Supreme Court properly granted plaintiff’s motion for partial summary judgment on liability under Labor Law § 240 (1), and properly denied defendant’s cross motion seeking summary judgment dismissing that claim. Plaintiff met his initial burden of demonstrating his entitlement to judgment as a matter of law by submitting proof establishing that his injuries were proximately caused by the absence or inadequacy of safety devices affording him proper protection from an elevation-related risk (see, Cricks v Niagara Mohawk Power Corp., 278 AD2d 813,
In light of our disposition, it is unnecessary to consider defendant’s remaining contentions. (Appeal from Order of Supreme Court, Wyoming County, Notaro, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Pine, Hayes, Kehoe and Burns, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.