Appellate Division of the Supreme Court of New York, 2001

Russell v. Widewaters South Bay Road Associates, L. L. P.

Appellate Division of the Supreme Court of New York · Decided December 21, 2001

289 A.D.2d 1025; 735 N.Y.S.2d 900; 2001 N.Y. App. Div. LEXIS 12633

Cases that cite this one

1 later published case cites this decision.

Mcnabb v. Oot Bros. (Appellate Division of the Supreme Court of New York 2009)

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 without costs. Memorandum: Supreme Court properly granted that part of third-party defendant’s cross motion seeking summary judgment dismissing the Labor Law § 240 (1) claim. Plaintiff Dean Russell, a subcontractor, tripped over an electrical cord while working on stilts and, in doing so, “did not encounter a hazard contemplated by the statute” (Melber v 6333 Main St., 91 NY2d 759, 761). (Appeal from Order of Supreme Court, Onondaga County, Nicholson, J. — Summary Judgment.) Present — Hayes, J. P., Scudder, Burns, Gorski and Lawton, JJ.

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