Hunger v. Greece Towne Mall
This text of 221 A.D.2d 949 (Hunger v. Greece Towne Mall) 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.
Opinion
—Order unanimously affirmed with costs. Memorandum: Plaintiff James Hunger was injured when a flexible hose used to transport concrete fell from a scaffold and struck him in the back. Supreme Court properly granted plaintiffs partial summary judgment against defendants Greece Towne Mall and Wilridge Property, Inc., on the issue of Labor Law § 240 (1) liability. Those defendants "had a nondelegable duty to provide proper safety devices to protect workers from injury 'in circumstances where there are risks related to elevation differentials’ (Rocovich v Consolidated Edison Co., 78 NY2d 509, 514; see also, Gordon v Eastern Ry. Supply, 82 NY2d 555; Salzer v New York Tel. Co., [192 AD2d 1104]), including the risk of being struck by falling objects (see, Fitzgibbons v Olympia & York Battery Park Co., 182 AD2d 1069, 1070)” (McCloud v Rochester Gas & Elec. Corp., 203 AD2d 923). (Appeal from Order of Supreme Court, Monroe County, Galloway, J.—Labor Law.) Present—Green, J. P., Pine, Fallon, Callahan and Davis, JJ.
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Cite This Page — Counsel Stack
221 A.D.2d 949, 634 N.Y.S.2d 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunger-v-greece-towne-mall-nyappdiv-1995.