Katisfarakis v. Central School District No. 1

Appellate Division of the Supreme Court of New York

Katisfarakis v. Central School District No. 1

201 A.D.2d 622, 609 N.Y.S.2d 833, 1994 N.Y. App. Div. LEXIS 1457

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

DecidedFebruary 22, 1994

StatusPublished

Cited by3 cases

This text of 201 A.D.2d 622 (Katisfarakis v. Central School District No. 1) 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

Katisfarakis v. Central School District No. 1, 201 A.D.2d 622, 609 N.Y.S.2d 833, 1994 N.Y. App. Div. LEXIS 1457 (N.Y. Ct. App. 1994).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Rutledge, J.), entered January 21, 1992, which, inter alia, granted the motions of the defendant and the third-party defendant for summary judgment dismissing the complaint and the third-party complaint, respectively.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The record reveals that the injured plaintiff fell from the fourth or fifth step of the A-frame ladder provided for his use by the defendant school district. However, no evidence was presented tending to demonstrate that the ladder in question was not adequate under the circumstances to provide the [623]*623injured plaintiff with "proper protection” within the meaning of Labor Law § 240 (1) (cf., Walsh v Applied Digital Data Sys., 190 AD2d 731). Thompson, J. P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Rutledge, J.), entered January 21, 1992, which, inter alia, granted the motions of the defendant and the third-party defendant for summary judgment dismissing the complaint and the third-party complaint, respectively.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The record reveals that the injured plaintiff fell from the fourth or fifth step of the A-frame ladder provided for his use by the defendant school district. However, no evidence was presented tending to demonstrate that the ladder in question was not adequate under the circumstances to provide the [623]*623injured plaintiff with "proper protection” within the meaning of Labor Law § 240 (1) (cf., Walsh v Applied Digital Data Sys., 190 AD2d 731). Thompson, J. P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

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Bluebook (online)

201 A.D.2d 622, 609 N.Y.S.2d 833, 1994 N.Y. App. Div. LEXIS 1457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katisfarakis-v-central-school-district-no-1-nyappdiv-1994.

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