Rieger v. 303 East 37 Owners Corp.

Appellate Division of the Supreme Court of New York

Rieger v. 303 East 37 Owners Corp.

49 A.D.3d 347, 852 N.Y.2d 768

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

DecidedMarch 13, 2008

StatusPublished

Cited by2 cases

This text of 49 A.D.3d 347 (Rieger v. 303 East 37 Owners 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

Rieger v. 303 East 37 Owners Corp., 49 A.D.3d 347, 852 N.Y.2d 768 (N.Y. Ct. App. 2008).

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Opinion

Plaintiff was injured when he fell from defendant’s unsecured ladder while working at defendant’s premises. As it is undisputed that the ladder buckled and tipped over to one side, propelling plaintiff to the concrete floor below, the motion court properly granted summary judgment to plaintiff on the issue of liability under Labor Law § 240 (1) (see Montalvo v J. Petrocelli Constr., Inc., 8 AD3d 173, 175 [2004]; see also Orellano v 29 E. 37th St. Realty Corp., 292 AD2d 289, 290-291 [2002]).

The evidence fails to support defendant’s contention that [348]*348plaintiff was the sole proximate cause of his injuries (see Hart v Turner Constr. Co., 30 AD3d 213 [2006]; Orellano at 291). Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ. [See 2007 NY Slip Op 31618(11).]

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Plaintiff was injured when he fell from defendant’s unsecured ladder while working at defendant’s premises. As it is undisputed that the ladder buckled and tipped over to one side, propelling plaintiff to the concrete floor below, the motion court properly granted summary judgment to plaintiff on the issue of liability under Labor Law § 240 (1) (see Montalvo v J. Petrocelli Constr., Inc., 8 AD3d 173, 175 [2004]; see also Orellano v 29 E. 37th St. Realty Corp., 292 AD2d 289, 290-291 [2002]).

The evidence fails to support defendant’s contention that [348]*348plaintiff was the sole proximate cause of his injuries (see Hart v Turner Constr. Co., 30 AD3d 213 [2006]; Orellano at 291). Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ. [See 2007 NY Slip Op 31618(11).]

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Bluebook (online)

49 A.D.3d 347, 852 N.Y.2d 768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rieger-v-303-east-37-owners-corp-nyappdiv-2008.

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