Smith v. Dieter

Appellate Division of the Supreme Court of New York

Smith v. Dieter

15 A.D.3d 897, 789 N.Y.S.2d 778, 2005 N.Y. App. Div. LEXIS 1243

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

DecidedFebruary 4, 2005

StatusPublished

Cited by1 cases

This text of 15 A.D.3d 897 (Smith v. Dieter) 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

Smith v. Dieter, 15 A.D.3d 897, 789 N.Y.S.2d 778, 2005 N.Y. App. Div. LEXIS 1243 (N.Y. Ct. App. 2005).

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Opinion

Appeal from an order of the Supreme Court, Livingston County (Ronald A. Cicoria, A.J.), entered March 26, 2004. The order, insofar as appealed from, denied that part of plaintiff’s motion for partial summary judgment against defendant Edward R. Dieter, individually and doing business as Barns, Etc., on the issue of liability pursuant to Labor Law § 240 (1).

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted in part in accordance with the following memorandum: Plaintiff commenced this action to recover damages for injuries sustained when the ladder that he was using to install louver vents in walls of a barn slid, causing him to fall to the ground. Supreme Court erred in denying that part of plaintiffs motion that sought partial summary judgment against Edward R. Dieter, individually and doing business as Barns, Etc. (defendant). Plaintiff established his entitlement to judgment on Labor Law § 240 (1) liability as a matter of law, and defendant failed to raise a triable issue of fact whether plaintiffs conduct was the sole proximate cause of the accident (see Alligood v Hospitality W., LLC, 8 AD3d 1102 [2004]). Present — Hurlbutt, J.E, Gorski, Martoche, Smith and Lawton, JJ.

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Appeal from an order of the Supreme Court, Livingston County (Ronald A. Cicoria, A.J.), entered March 26, 2004. The order, insofar as appealed from, denied that part of plaintiff’s motion for partial summary judgment against defendant Edward R. Dieter, individually and doing business as Barns, Etc., on the issue of liability pursuant to Labor Law § 240 (1).

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted in part in accordance with the following memorandum: Plaintiff commenced this action to recover damages for injuries sustained when the ladder that he was using to install louver vents in walls of a barn slid, causing him to fall to the ground. Supreme Court erred in denying that part of plaintiffs motion that sought partial summary judgment against Edward R. Dieter, individually and doing business as Barns, Etc. (defendant). Plaintiff established his entitlement to judgment on Labor Law § 240 (1) liability as a matter of law, and defendant failed to raise a triable issue of fact whether plaintiffs conduct was the sole proximate cause of the accident (see Alligood v Hospitality W., LLC, 8 AD3d 1102 [2004]). Present — Hurlbutt, J.E, Gorski, Martoche, Smith and Lawton, JJ.

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Bluebook (online)

15 A.D.3d 897, 789 N.Y.S.2d 778, 2005 N.Y. App. Div. LEXIS 1243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-dieter-nyappdiv-2005.

Opinion

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