Majewski v. U.S. Food Service, Inc.

Appellate Division of the Supreme Court of New York

Majewski v. U.S. Food Service, Inc.

291 A.D.2d 821, 737 N.Y.S.2d 206, 2002 N.Y. App. Div. LEXIS 1095

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

DecidedFebruary 1, 2002

StatusPublished

Cited by3 cases

This text of 291 A.D.2d 821 (Majewski v. U.S. Food Service, Inc.) 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

Majewski v. U.S. Food Service, Inc., 291 A.D.2d 821, 737 N.Y.S.2d 206, 2002 N.Y. App. Div. LEXIS 1095 (N.Y. Ct. App. 2002).

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Opinion

—Appeal from an order of Supreme Court, Erie County (Dillon, J.), entered July 19, 2001, which denied plaintiffs’ motion for partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.

Memorandum: Supreme Court erred in denying plaintiffs’ motion for partial summary judgment on liability pursuant to Labor Law § 240 (1). Ronald A. Majewski (plaintiff) fell from a [822]*822ladder while hanging rubber strips on concrete walls using contact cement. A coworker did not see the manner in which plaintiff began to fall but moved out of the way to avoid being hit by plaintiff as he fell. It is undisputed that, notwithstanding the nature of the work, there were no safety devices to prevent plaintiff’s fall from a height, and thus plaintiffs’ motion should have been granted (see, Cruz v Turner Constr. Co., 279 AD2d 322; Vanriel v Weissman Real Estate, 262 AD2d 56; Turner v Eastman Kodak Co., 210 AD2d 883). Present — Pigott, Jr., P.J., Hayes, Scudder, Burns and Gorski, JJ.

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—Appeal from an order of Supreme Court, Erie County (Dillon, J.), entered July 19, 2001, which denied plaintiffs’ motion for partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.

Memorandum: Supreme Court erred in denying plaintiffs’ motion for partial summary judgment on liability pursuant to Labor Law § 240 (1). Ronald A. Majewski (plaintiff) fell from a [822]*822ladder while hanging rubber strips on concrete walls using contact cement. A coworker did not see the manner in which plaintiff began to fall but moved out of the way to avoid being hit by plaintiff as he fell. It is undisputed that, notwithstanding the nature of the work, there were no safety devices to prevent plaintiff’s fall from a height, and thus plaintiffs’ motion should have been granted (see, Cruz v Turner Constr. Co., 279 AD2d 322; Vanriel v Weissman Real Estate, 262 AD2d 56; Turner v Eastman Kodak Co., 210 AD2d 883). Present — Pigott, Jr., P.J., Hayes, Scudder, Burns and Gorski, JJ.

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Bluebook (online)

291 A.D.2d 821, 737 N.Y.S.2d 206, 2002 N.Y. App. Div. LEXIS 1095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/majewski-v-us-food-service-inc-nyappdiv-2002.

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