Gillette v. VSA Development Corp.

Appellate Division of the Supreme Court of New York

Gillette v. VSA Development Corp.

255 A.D.2d 417, 682 N.Y.S.2d 597, 1998 N.Y. App. Div. LEXIS 12026

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

DecidedNovember 16, 1998

StatusPublished

Cited by1 cases

This text of 255 A.D.2d 417 (Gillette v. VSA Development 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

Gillette v. VSA Development Corp., 255 A.D.2d 417, 682 N.Y.S.2d 597, 1998 N.Y. App. Div. LEXIS 12026 (N.Y. Ct. App. 1998).

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Opinion

—In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Bernhard, J.), dated March 10, 1998, as granted the plaintiffs’ motion for partial summary judgment on the issue of liability on the cause of action asserted under Labor Law § 240 (1).

Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.

The Supreme Court erred in granting the plaintiffs’ motion for summary judgment on the issue of liability under Labor Law § 240 (1), as questions of fact exist as to whether (1) the safety device provided by the defendants was so placed as to give proper protection to the injured plaintiff, and (2) the injured plaintiffs own actions were the sole proximate cause of the accident (see, George v State of New York, 251 AD2d 541; Tsangalidis v O.K.G. Professional Consultants, 243 AD2d 627; Vanerstrom v Strasser, 240 AD2d 563). Rosenblatt, J. P., Miller, Thompson and Joy, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Bernhard, J.), dated March 10, 1998, as granted the plaintiffs’ motion for partial summary judgment on the issue of liability on the cause of action asserted under Labor Law § 240 (1).

Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.

The Supreme Court erred in granting the plaintiffs’ motion for summary judgment on the issue of liability under Labor Law § 240 (1), as questions of fact exist as to whether (1) the safety device provided by the defendants was so placed as to give proper protection to the injured plaintiff, and (2) the injured plaintiffs own actions were the sole proximate cause of the accident (see, George v State of New York, 251 AD2d 541; Tsangalidis v O.K.G. Professional Consultants, 243 AD2d 627; Vanerstrom v Strasser, 240 AD2d 563). Rosenblatt, J. P., Miller, Thompson and Joy, JJ., concur.

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Bluebook (online)

255 A.D.2d 417, 682 N.Y.S.2d 597, 1998 N.Y. App. Div. LEXIS 12026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillette-v-vsa-development-corp-nyappdiv-1998.

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