Horvath v. Niacet Corp.

Appellate Division of the Supreme Court of New York

Horvath v. Niacet Corp.

115 A.D.2d 262, 495 N.Y.S.2d 842, 1985 N.Y. App. Div. LEXIS 54517

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1985·Published·Cited by 3 cases

Opinion

Order unanimously reversed, on the law, with costs, and plaintiff’s motion granted. Memorandum: The court erred in refusing to grant plaintiff’s motion for partial summary judgment on his claim under Labor Law § 240. The duty imposed on the owner under that section is not satisfied by proof that a safety belt and line were available at the bottom of a gang box at the jobsite and that plaintiff could have used it (Heath v Soloff Constr., 107 AD2d 507). (Appeal from order of Supreme Court, Erie County, Cook, J.—summary judgment.) Present—Dillon, P. J., Doerr, O’Donnell, Pine and Schnepp, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously reversed, on the law, with costs, and plaintiff’s motion granted. Memorandum: The court erred in refusing to grant plaintiff’s motion for partial summary judgment on his claim under Labor Law § 240. The duty imposed on the owner under that section is not satisfied by proof that a safety belt and line were available at the bottom of a gang box at the jobsite and that plaintiff could have used it (Heath v Soloff Constr., 107 AD2d 507). (Appeal from order of Supreme Court, Erie County, Cook, J.—summary judgment.) Present—Dillon, P. J., Doerr, O’Donnell, Pine and Schnepp, JJ.

Horvath v. Niacet Corp., 115 A.D.2d 262, 495 N.Y.S.2d 842, 1985 N.Y. App. Div. LEXIS 54517 (N.Y. Ct. App. 1985).

Pincite

115 A.D.2d 262 (Horvath v. Niacet Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related