Ranieri v. Holt Construction Corp.

Appellate Division of the Supreme Court of New York

Ranieri v. Holt Construction Corp.

33 A.D.3d 425, 822 N.Y.S.2d 509

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

DecidedOctober 12, 2006

StatusPublished

This text of 33 A.D.3d 425 (Ranieri v. Holt Construction Corp.) 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

Ranieri v. Holt Construction Corp., 33 A.D.3d 425, 822 N.Y.S.2d 509 (N.Y. Ct. App. 2006).

Pincite

Opinion

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered May 11, 2005, which granted plaintiffs motion for partial summary judgment as to liability on the third cause and denied defendants’ cross motion for summary judgment dismissing that claim, unanimously affirmed, without costs.

Plaintiff, a sheet metal worker employed by a subcontractor, was injured when he fell from an unsecured ladder with no safety devices provided to protect him. This activity fell within the ambit of Labor Law § 240 (1), and the failure to supply plaintiff with a properly secured ladder or any safety devices was a proximate cause of his fall (see Samuel v Simone Dev. Co., 13 AD3d 112 [2004]; Velasco v Green-Wood Cemetery, 8 AD3d 88 [2004]). There is no reasonable view of the evidence to support defendants’ contention that plaintiff was the sole proximate cause of his injury, nor is there a triable question of fact as to whether he was solely to blame. Concur—Tom, J.P., Marlow, Sullivan, McGuire and Malone, JJ.

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Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered May 11, 2005, which granted plaintiffs motion for partial summary judgment as to liability on the third cause and denied defendants’ cross motion for summary judgment dismissing that claim, unanimously affirmed, without costs.

Plaintiff, a sheet metal worker employed by a subcontractor, was injured when he fell from an unsecured ladder with no safety devices provided to protect him. This activity fell within the ambit of Labor Law § 240 (1), and the failure to supply plaintiff with a properly secured ladder or any safety devices was a proximate cause of his fall (see Samuel v Simone Dev. Co., 13 AD3d 112 [2004]; Velasco v Green-Wood Cemetery, 8 AD3d 88 [2004]). There is no reasonable view of the evidence to support defendants’ contention that plaintiff was the sole proximate cause of his injury, nor is there a triable question of fact as to whether he was solely to blame. Concur—Tom, J.P., Marlow, Sullivan, McGuire and Malone, JJ.

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Bluebook (online)

33 A.D.3d 425, 822 N.Y.S.2d 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ranieri-v-holt-construction-corp-nyappdiv-2006.

Opinion

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