Pomarzynski v. Park School

Appellate Division of the Supreme Court of New York

Pomarzynski v. Park School

278 A.D.2d 946, 718 N.Y.S.2d 685, 2000 N.Y. App. Div. LEXIS 13607

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

DecidedDecember 27, 2000

StatusPublished

Cited by3 cases

This text of 278 A.D.2d 946 (Pomarzynski v. Park School) 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

Pomarzynski v. Park School, 278 A.D.2d 946, 718 N.Y.S.2d 685, 2000 N.Y. App. Div. LEXIS 13607 (N.Y. Ct. App. 2000).

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Opinion

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiffs motion for partial summary judgment on liability under Labor Law § 240 (1). Plaintiff demonstrated a violation of defendant’s nondelegable duty to ensure that the ladder was “so constructed, placed and operated as to give proper protection” to plaintiff (Labor Law § 240 [1]) and that the statutory violation was a proximate cause of plaintiffs injuries (see, Melher v 6333 Main St., 91 NY2d 759, 762; Felker v Corning Inc., 90 NY2d 219, 224; Zimmer v Chemung County Performing Arts, 65 NY2d 513, 524, rearg denied 65 NY2d 1054). Third-party defendant failed to submit any evidence in opposition to the motion and thus failed to raise a triable question of fact on the issue of proximate cause (see, Adderly v ADF Constr. Corp., 273 AD2d 795; see also, Griffin v MWF Dev. Corp., 273 AD2d 907; cf., Weininger v Hagedorn & Co., 91 NY2d 958, 960, rearg denied 92 NY2d 875). (Appeal from Order of Supreme Court, Erie County, Glownia, J. — Summary Judgment.) Present — Wisner, J. P., Hurlbutt, Scudder and Kehoe, JJ.

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Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiffs motion for partial summary judgment on liability under Labor Law § 240 (1). Plaintiff demonstrated a violation of defendant’s nondelegable duty to ensure that the ladder was “so constructed, placed and operated as to give proper protection” to plaintiff (Labor Law § 240 [1]) and that the statutory violation was a proximate cause of plaintiffs injuries (see, Melher v 6333 Main St., 91 NY2d 759, 762; Felker v Corning Inc., 90 NY2d 219, 224; Zimmer v Chemung County Performing Arts, 65 NY2d 513, 524, rearg denied 65 NY2d 1054). Third-party defendant failed to submit any evidence in opposition to the motion and thus failed to raise a triable question of fact on the issue of proximate cause (see, Adderly v ADF Constr. Corp., 273 AD2d 795; see also, Griffin v MWF Dev. Corp., 273 AD2d 907; cf., Weininger v Hagedorn & Co., 91 NY2d 958, 960, rearg denied 92 NY2d 875). (Appeal from Order of Supreme Court, Erie County, Glownia, J. — Summary Judgment.) Present — Wisner, J. P., Hurlbutt, Scudder and Kehoe, JJ.

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Bluebook (online)

278 A.D.2d 946, 718 N.Y.S.2d 685, 2000 N.Y. App. Div. LEXIS 13607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pomarzynski-v-park-school-nyappdiv-2000.

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