Jackson v. Solvay Free Union School District

256 A.D.2d 1150, 682 N.Y.S.2d 652, 1998 N.Y. App. Div. LEXIS 14269

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 31, 1998
• Status: Published

Opinion

—Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs motion for partial summary judgment on liability under Labor Law § 240 (1). Plaintiff failed to establish that the absence of, or defect in, a safety device was the proximate cause of his injuries (see, Weininger v Hagedorn & Co., 91 NY2d 958, 960, rearg denied 92 NY2d 875; Felker v Corning Inc., 90 NY2d 219, 224). (Appeal from Order of Supreme Court, Onondaga County, Hurlbutt, J. — Summary Judgment.) Present — Pine, J. P., Wisner, Pigott, Jr., Callahan and Fallon, JJ.