Miro v. PLAZA CONSTRUCTION CORP.
New York Court of Appeals
Miro v. PLAZA CONSTRUCTION CORP., 877 N.E.2d 294 (N.Y. 2007)
9 N.Y.3d 948; 846 N.Y.S.2d 76
Miro v. PLAZA CONSTRUCTION CORP.
Opinion
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, without costs, by denying summary judgment to defendants as to the Labor Law § 240 (1) claim and, as so modified, affirmed, and certified question answered in the negative. Assuming that the ladder was unsafe, it is not clear from the record how easily a replacement ladder could have been procured.
Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.
Reference
- Full Case Name
- Tom Miro Et Al., Appellants, v Plaza Construction Corp. Et Al., Respondents, Et Al., Defendants. (And a Third-Party Action.)
- Cited By
- 14 cases
- Status
- Published