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Cedrone v. McCarthy Brothers

212 A.D.2d 979, 623 N.Y.S.2d 438, 1995 N.Y. App. Div. LEXIS 1838
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 3, 1995
StatusPublished

This text of 212 A.D.2d 979 (Cedrone v. McCarthy Brothers) 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
Cedrone v. McCarthy Brothers, 212 A.D.2d 979, 623 N.Y.S.2d 438, 1995 N.Y. App. Div. LEXIS 1838 (N.Y. Ct. App. 1995).

Opinion

—Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: Plaintiff was injured when a wall he was demolishing collapsed, causing the scaffold upon which he was standing to fall. Supreme Court erred in denying plaintiff’s motion for partial summary judgment on the Labor Law § 240 (1) cause of action. The accident was "gravity-related” because plaintiff "[fell] from a height” (Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 501; cf, Hunter v BTC Block 17/18, 210 AD2d 968; Misseritti v Mark IV Constr. Co., 209 AD2d 931). (Appeal from Order of Supreme Court, Onondaga County, Pooler, J.—Labor Law § 240 [1].) Present—Pine, J. P., Fallon, Wesley, Callahan and Davis, JJ.

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Related

Ross v. Curtis-Palmer Hydro-Electric Co.
618 N.E.2d 82 (New York Court of Appeals, 1993)
Misseritti v. Mark IV Construction Co.
209 A.D.2d 931 (Appellate Division of the Supreme Court of New York, 1994)
Hunter v. BTC Block 17/18, Inc.
210 A.D.2d 968 (Appellate Division of the Supreme Court of New York, 1994)

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Bluebook (online)
212 A.D.2d 979, 623 N.Y.S.2d 438, 1995 N.Y. App. Div. LEXIS 1838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cedrone-v-mccarthy-brothers-nyappdiv-1995.