Chacha v. Northtown Realty Corp.

Appellate Division of the Supreme Court of New York

Chacha v. Northtown Realty Corp.

255 A.D.2d 414, 680 N.Y.S.2d 853, 1998 N.Y. App. Div. LEXIS 12020

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

DecidedNovember 16, 1998

StatusPublished

This text of 255 A.D.2d 414 (Chacha v. Northtown Realty Corp.) 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

Chacha v. Northtown Realty Corp., 255 A.D.2d 414, 680 N.Y.S.2d 853, 1998 N.Y. App. Div. LEXIS 12020 (N.Y. Ct. App. 1998).

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Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Golia, J.), dated October 30, 1997, as denied his motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents SJS Construction Co., Inc., and Bravo Demolition Corp.

The Supreme Court properly denied the plaintiffs motion for partial summary judgment on the issue of liability under Labor Law § 240 (1) since a question of fact exists as to the manner in which the subject accident occurred (see, Groves v Land’s End Hous. Co., 80 NY2d 978; Xirakis v 1115 Fifth Ave. Corp., 226 AD2d 452). Rosenblatt, J. P., O’Brien, Altman and Friedmann, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Golia, J.), dated October 30, 1997, as denied his motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents SJS Construction Co., Inc., and Bravo Demolition Corp.

The Supreme Court properly denied the plaintiffs motion for partial summary judgment on the issue of liability under Labor Law § 240 (1) since a question of fact exists as to the manner in which the subject accident occurred (see, Groves v Land’s End Hous. Co., 80 NY2d 978; Xirakis v 1115 Fifth Ave. Corp., 226 AD2d 452). Rosenblatt, J. P., O’Brien, Altman and Friedmann, JJ., concur.

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Bluebook (online)

255 A.D.2d 414, 680 N.Y.S.2d 853, 1998 N.Y. App. Div. LEXIS 12020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chacha-v-northtown-realty-corp-nyappdiv-1998.

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