Appellate Division of the Supreme Court of New York, 2008

Rieger v. 303 East 37 Owners Corp.

Appellate Division of the Supreme Court of New York · Decided March 13, 2008

49 A.D.3d 347; 852 N.Y.2d 768

Cases that cite this one

2 later published cases cite this decision.

Picano v. Rockefeller Center North, Inc. (Appellate Division of the Supreme Court of New York 2009)
McCarthy v. Turner Construction, Inc. (Appellate Division of the Supreme Court of New York 2008)

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

Plaintiff was injured when he fell from defendant’s unsecured ladder while working at defendant’s premises. As it is undisputed that the ladder buckled and tipped over to one side, propelling plaintiff to the concrete floor below, the motion court properly granted summary judgment to plaintiff on the issue of liability under Labor Law § 240 (1) (see Montalvo v J. Petrocelli Constr., Inc., 8 AD3d 173, 175 [2004]; see also Orellano v 29 E. 37th St. Realty Corp., 292 AD2d 289, 290-291 [2002]).

The evidence fails to support defendant’s contention that *348plaintiff was the sole proximate cause of his injuries (see Hart v Turner Constr. Co., 30 AD3d 213 [2006]; Orellano at 291). Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ. [See 2007 NY Slip Op 31618(11).]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.