Outar v. City of New York
New York Court of Appeals
Outar v. City of New York, 832 N.E.2d 1186 (N.Y. 2005)
5 N.Y.3d 731; 799 N.Y.S.2d 770; 2005 N.Y. LEXIS 1218
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith Concur
Outar v. City of New York
Opinion
OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs. The elevation differential between the dolly and plaintiff was sufficient to trigger Labor Law § 240 (l)’s protection, and the dolly was an object that required securing for the purposes of the undertaking (cf. Narducci v Manhasset Bay Assoc., 96 NY2d 259, 268 [2001]).
Concur: Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith.
Reference
- Full Case Name
- Amarnauth Outar Et Al., Respondents, v. City of New York, Appellant
- Cited By
- 100 cases
- Status
- Published