Campise v. Cohen

Appellate Division of the Supreme Court of New York

Campise v. Cohen

302 A.D.2d 332, 754 N.Y.S.2d 878, 2003 N.Y. App. Div. LEXIS 1795

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

DecidedFebruary 27, 2003

StatusPublished

Cited by3 cases

This text of 302 A.D.2d 332 (Campise v. Cohen) 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

Campise v. Cohen, 302 A.D.2d 332, 754 N.Y.S.2d 878, 2003 N.Y. App. Div. LEXIS 1795 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about September 25, [333]*3332001, which, to the extent appealed from, denied that branch of plaintiff’s motion seeking summary judgment as to liability on his Labor Law § 240 (1) claim, unanimously affirmed, without costs.

The court properly denied plaintiff summary judgment as to liability on his Labor Law § 240 (1) claim since the evidence submitted on the motion raises triable issues of fact as to whether plaintiff’s fall and injury were attributable in some measure to the inadequacy of the ladder as a safety device for his work (see Grogan v Norlite Corp., 282 AD2d 781 [2001]; Weber v 1111 Park Ave. Realty Corp., 253 AD2d 376 [1998]). Concur — Nardelli, J.P., Mazzarelli, Sullivan, Lerner and Mar-low, JJ.

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Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about September 25, [333]*3332001, which, to the extent appealed from, denied that branch of plaintiff’s motion seeking summary judgment as to liability on his Labor Law § 240 (1) claim, unanimously affirmed, without costs.

The court properly denied plaintiff summary judgment as to liability on his Labor Law § 240 (1) claim since the evidence submitted on the motion raises triable issues of fact as to whether plaintiff’s fall and injury were attributable in some measure to the inadequacy of the ladder as a safety device for his work (see Grogan v Norlite Corp., 282 AD2d 781 [2001]; Weber v 1111 Park Ave. Realty Corp., 253 AD2d 376 [1998]). Concur — Nardelli, J.P., Mazzarelli, Sullivan, Lerner and Mar-low, JJ.

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Bluebook (online)

302 A.D.2d 332, 754 N.Y.S.2d 878, 2003 N.Y. App. Div. LEXIS 1795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campise-v-cohen-nyappdiv-2003.

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