Barwicki v. Friars 50th Street Garage, Inc.

Appellate Division of the Supreme Court of New York

Barwicki v. Friars 50th Street Garage, Inc.

288 A.D.2d 14, 732 N.Y.S.2d 8, 2001 N.Y. App. Div. LEXIS 10134

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 1, 2001

StatusPublished

Cited by1 cases

This text of 288 A.D.2d 14 (Barwicki v. Friars 50th Street Garage, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barwicki v. Friars 50th Street Garage, Inc., 288 A.D.2d 14, 732 N.Y.S.2d 8, 2001 N.Y. App. Div. LEXIS 10134 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Order, Supreme Court, New York County (Louis York, J.), entered March 6, 2001, which denied the plaintiff’s motion for partial summary judgment as to liability upon his Labor Law § 240 claim and denied defendants’ cross motion to dismiss plaintiff’s Labor Law § 200 and common-law negligence claims, unanimously modified, on the law, to grant plaintiff’s motion for partial summary judgment, and otherwise affirmed, without costs.

Plaintiff, while repairing an elevator, slipped on some grease or oil and fell into the elevator’s shaft, thereby sustaining injury. Since it was undisputed that defendants failed to provide plaintiff with any safety device and it is plain, as a matter of law, that such failure was a cause of plaintiff’s injury, plaintiff should have been granted summary judgment as to liability upon his Labor Law § 240 (1) claim (see, Carr v Jacob Perl Assocs., 201 AD2d 296). Defendants’ cross motion for summary judgment dismissing plaintiff’s Labor Law § 200 and common-law negligence claims, however, was properly denied in view of triable questions of fact as to the source of the oily condition upon which the plaintiff slipped and whether defendants had constructive or actual notice of such condition (see, Higgins v 1790 Broadway Assocs., 261 AD2d 223, 224-225). Concur — Sullivan, P. J., Rosenberger, Tom, Wallach and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Louis York, J.), entered March 6, 2001, which denied the plaintiff’s motion for partial summary judgment as to liability upon his Labor Law § 240 claim and denied defendants’ cross motion to dismiss plaintiff’s Labor Law § 200 and common-law negligence claims, unanimously modified, on the law, to grant plaintiff’s motion for partial summary judgment, and otherwise affirmed, without costs.

Plaintiff, while repairing an elevator, slipped on some grease or oil and fell into the elevator’s shaft, thereby sustaining injury. Since it was undisputed that defendants failed to provide plaintiff with any safety device and it is plain, as a matter of law, that such failure was a cause of plaintiff’s injury, plaintiff should have been granted summary judgment as to liability upon his Labor Law § 240 (1) claim (see, Carr v Jacob Perl Assocs., 201 AD2d 296). Defendants’ cross motion for summary judgment dismissing plaintiff’s Labor Law § 200 and common-law negligence claims, however, was properly denied in view of triable questions of fact as to the source of the oily condition upon which the plaintiff slipped and whether defendants had constructive or actual notice of such condition (see, Higgins v 1790 Broadway Assocs., 261 AD2d 223, 224-225). Concur — Sullivan, P. J., Rosenberger, Tom, Wallach and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

288 A.D.2d 14, 732 N.Y.S.2d 8, 2001 N.Y. App. Div. LEXIS 10134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barwicki-v-friars-50th-street-garage-inc-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack