Reid v. Tops Markets, Inc.

Appellate Division of the Supreme Court of New York

Reid v. Tops Markets, Inc.

178 A.D.2d 933

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

DecidedDecember 26, 1991

StatusPublished

This text of 178 A.D.2d 933 (Reid v. Tops Markets, 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.

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Reid v. Tops Markets, Inc., 178 A.D.2d 933 (N.Y. Ct. App. 1991).

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Opinion

— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: We affirm, for reasons stated in the decision of Supreme Court, that portion of the order granting partial summary judgment to plaintiffs on their Labor Law § 240 (1) cause of action (see, Ferrari v Niasher Realty, 175 AD2d 591; Dedario v New York Tel. Co., 162 AD2d 1001). We modify the order, however, to deny plaintiffs’ cross motion for partial summary judgment on those causes of action seeking recovery based on common-law negligence and a violation of Labor Law § 241 (6) (see, Baehre v County of Erie, 94 AD2d 943). Factual issues were presented whether the conduct of the injured plaintiff contributed to the occurrence of the accident. (Appeal from Order of Supreme Court, Monroe County, Cornelius, J. — Summary Judgment.) Present — Den-man, P. J., Doerr, Boomer, Pine and Balio, JJ.

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— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: We affirm, for reasons stated in the decision of Supreme Court, that portion of the order granting partial summary judgment to plaintiffs on their Labor Law § 240 (1) cause of action (see, Ferrari v Niasher Realty, 175 AD2d 591; Dedario v New York Tel. Co., 162 AD2d 1001). We modify the order, however, to deny plaintiffs’ cross motion for partial summary judgment on those causes of action seeking recovery based on common-law negligence and a violation of Labor Law § 241 (6) (see, Baehre v County of Erie, 94 AD2d 943). Factual issues were presented whether the conduct of the injured plaintiff contributed to the occurrence of the accident. (Appeal from Order of Supreme Court, Monroe County, Cornelius, J. — Summary Judgment.) Present — Den-man, P. J., Doerr, Boomer, Pine and Balio, JJ.

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178 A.D.2d 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reid-v-tops-markets-inc-nyappdiv-1991.

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