Soskin v. Scharff

309 A.D.2d 1102, 766 N.Y.S.2d 248, 2003 N.Y. App. Div. LEXIS 11244
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 30, 2003
StatusPublished
Cited by16 cases

This text of 309 A.D.2d 1102 (Soskin v. Scharff) 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
Soskin v. Scharff, 309 A.D.2d 1102, 766 N.Y.S.2d 248, 2003 N.Y. App. Div. LEXIS 11244 (N.Y. Ct. App. 2003).

Opinion

Spain, J.

Appeal from an order of the Supreme Court (Kavanagh, J.), entered March 14, 2002 in Ulster County, which, inter alia, granted certain defendants’ motions for summary judgment dismissing the complaint against them.

Defendants Daniel G. Scharff (hereinafter Scharff) and Sherri Scharff purchased a modular home and assembled it on their property. Scharff hired various contractors to perform different tasks to complete the house and undertook some of the work himself. He hired defendant Thomas J. Halliday, Jr. on an hourly basis to complete certain projects and Halliday, in turn, engaged subcontractors, including his brother, defendant [1103]*1103John Halliday, to assist with specific projects which Thomas Halliday had agreed to complete. Scharff also contracted directly with John Halliday to install sheetrock on the second floor of the house. Plaintiff Mitchell L. Soskin (hereinafter plaintiff) was hired by John Halliday to assist in the installation of the sheetrock. While thus engaged, plaintiff was struck down and knocked off a balcony by falling slabs of sheetrock which had been stacked against the wall studs on the second floor. No banister or railing around the balcony existed at that point, and plaintiff fell to the first floor, sustaining substantial injuries to his ankle. The slabs of sheetrock tipped over when John Halliday was attempting to push a box through the studs of the wall against which the slabs were leaning.

Plaintiff and his wife, derivatively, commenced this action against the Scharffs, Thomas Halliday (individually and doing business as Halliday Construction) and John Halliday, alleging violations of Labor Law §§ 200, 240, 241 and common-law negligence. The Scharffs moved for summary judgment dismissing the complaint against them, as did Thomas Halliday and Halliday Construction. Plaintiffs also cross-moved for summary judgment. Supreme Court denied plaintiffs’ cross motion, granted the motion of the Scharffs, Thomas Halliday and Halliday Construction (hereinafter collectively referred to as defendants) and dismissed the complaint against them.

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Bluebook (online)
309 A.D.2d 1102, 766 N.Y.S.2d 248, 2003 N.Y. App. Div. LEXIS 11244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soskin-v-scharff-nyappdiv-2003.