Fagiani v. Benderson Development Co.

Appellate Division of the Supreme Court of New York

Fagiani v. Benderson Development Co.

270 A.D.2d 888, 705 N.Y.S.2d 919, 2000 N.Y. App. Div. LEXIS 3482

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

DecidedMarch 29, 2000

StatusPublished

This text of 270 A.D.2d 888 (Fagiani v. Benderson Development Co.) 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

Fagiani v. Benderson Development Co., 270 A.D.2d 888, 705 N.Y.S.2d 919, 2000 N.Y. App. Div. LEXIS 3482 (N.Y. Ct. App. 2000).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs motion for partial summary judgment under Labor Law § 240 (1). Plaintiff failed to meet his [889]*889initial burden of establishing as a matter of law the manner in which the accident occurred (see, Abramo v Pepsi-Cola Buffalo Bottling Co., 224 AD2d 980, 981) and the proximate cause of his injuries (see, Weininger v Hagedorn & Co., 91 NY2d 958, 960, rearg denied 92 NY2d 875; Jackson v Solvay Free Union School Dist., 256 AD2d 1150). (Appeal from Order of Supreme Court, Niagara County, Joslin, J. — Summary Judgment.) Present — Green, J. P., Pine, Scudder and Lawton, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs motion for partial summary judgment under Labor Law § 240 (1). Plaintiff failed to meet his [889]*889initial burden of establishing as a matter of law the manner in which the accident occurred (see, Abramo v Pepsi-Cola Buffalo Bottling Co., 224 AD2d 980, 981) and the proximate cause of his injuries (see, Weininger v Hagedorn & Co., 91 NY2d 958, 960, rearg denied 92 NY2d 875; Jackson v Solvay Free Union School Dist., 256 AD2d 1150). (Appeal from Order of Supreme Court, Niagara County, Joslin, J. — Summary Judgment.) Present — Green, J. P., Pine, Scudder and Lawton, JJ.

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Bluebook (online)

270 A.D.2d 888, 705 N.Y.S.2d 919, 2000 N.Y. App. Div. LEXIS 3482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fagiani-v-benderson-development-co-nyappdiv-2000.

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