Kumar v. Stahlunt Associates
Cases that cite this one
5 later published cases cite this decision.
- Gyamfi v. Citywide Mobile Response Corp. (Appellate Division of the Supreme Court of New York 2017)
- Mini Mint Inc. v. Citigroup, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Kamolov v. BIA Group, LLC (Appellate Division of the Supreme Court of New York 2010)
- Ocampo v. Abetta Boiler & Welding Sevice, Inc. (Appellate Division of the Supreme Court of New York 2006)
- Tronolone v. Praxair, Inc. (Appellate Division of the Supreme Court of New York 2005)
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, New York County (Leland DeGrasse, J.), entered October 15, 2002, which, to the extent appealed from, denied plaintiffs motion for partial summary judgment on liability with respect to his Labor Law § 240 (1) claim, unanimously affirmed, without costs.
The differing accounts of the manner in which plaintiff’s construction site accident occurred and the conflicting expert affidavits as to which protective devices should have been utilized raise triable issues of fact as to whether the safety devices provided afforded proper protection (see Weber v 1111 Park Ave. Realty, 253 AD2d 376 [1998]), and whether plaintiffs conduct constituted the sole proximate cause of the accident (see Bahrman v Holtsville Fire Dist., 270 AD2d 438 [2000]). Based on this record, we reject defendants-respondents’ contention that plaintiff was a recalcitrant worker (see Jastrzebski v North Shore School Dist., 223 AD2d 677 [1996], affd 88 NY2d 946 [1996]). Concur—Tom, J.P., Sullivan, Ellerin, Marlow and Gonzalez, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.