Gordon v. BASF Corp.

Appellate Division of the Supreme Court of New York

Gordon v. BASF Corp.

184 A.D.2d 982, 585 N.Y.S.2d 585, 1992 N.Y. App. Div. LEXIS 8584

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

DecidedJune 25, 1992

StatusPublished

This text of 184 A.D.2d 982 (Gordon v. BASF 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

Gordon v. BASF Corp., 184 A.D.2d 982, 585 N.Y.S.2d 585, 1992 N.Y. App. Div. LEXIS 8584 (N.Y. Ct. App. 1992).

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Opinion

Appeal from an order of the Supreme Court (Keniry, J.), entered May 15, 1991 in Rensselaer County, which, inter alia, denied defendant and third-party defendant’s motions for summary judgment dismissing the complaint.

In determining whether defendant violated Labor Law § 240 (1), the trier of fact must consider whether plaintiff Robert Gordon was exposed to an elevation-related risk where gravity was a factor and whether the other methods allegedly proposed by Gordon which assertedly would have allowed him to work from above the pipes would have prevented his injury (see, Ross v Curtis-Palmer Hydro-Elec. Co., 180 AD2d 385). Accordingly, Supreme Court properly denied the motions for summary judgment dismissing the complaint.

Weiss, P. J., Yesawich Jr., Crew III, Casey and Harvey, JJ., concur. Ordered that the order is affirmed, with costs.

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Appeal from an order of the Supreme Court (Keniry, J.), entered May 15, 1991 in Rensselaer County, which, inter alia, denied defendant and third-party defendant’s motions for summary judgment dismissing the complaint.

In determining whether defendant violated Labor Law § 240 (1), the trier of fact must consider whether plaintiff Robert Gordon was exposed to an elevation-related risk where gravity was a factor and whether the other methods allegedly proposed by Gordon which assertedly would have allowed him to work from above the pipes would have prevented his injury (see, Ross v Curtis-Palmer Hydro-Elec. Co., 180 AD2d 385). Accordingly, Supreme Court properly denied the motions for summary judgment dismissing the complaint.

Weiss, P. J., Yesawich Jr., Crew III, Casey and Harvey, JJ., concur. Ordered that the order is affirmed, with costs.

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Bluebook (online)

184 A.D.2d 982, 585 N.Y.S.2d 585, 1992 N.Y. App. Div. LEXIS 8584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-basf-corp-nyappdiv-1992.

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