Yanni v. Port Authority of New York & New Jersey

Appellate Division of the Supreme Court of New York

Yanni v. Port Authority of New York & New Jersey

203 A.D.2d 188, 612 N.Y.S.2d 848, 1994 N.Y. App. Div. LEXIS 4222

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

DecidedApril 26, 1994

StatusPublished

Cited by1 cases

This text of 203 A.D.2d 188 (Yanni v. Port Authority of New York & New Jersey) 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

Yanni v. Port Authority of New York & New Jersey, 203 A.D.2d 188, 612 N.Y.S.2d 848, 1994 N.Y. App. Div. LEXIS 4222 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Order, Supreme Court, New York County (Stephen Crane, J.), entered April 28, 1993, which denied plaintiff’s motion for partial summary judgment on the issue of defendants’ liability under Labor Law § 240 (1), unanimously affirmed, without costs.

As noted by the IAS Court, a cause of action under Labor Law § 240 (1) requires a showing not only that the statute was violated but that the violation was a contributing cause of the accident (Zimmer v Chemung County Performing Arts, 65 NY2d 513, 524). The conflicting proof in the record on that aspect of the case must be reached at trial. Concur — Ellerin, J. P., Wallach, Kupferman, Rubin and Tom, JJ.

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—Order, Supreme Court, New York County (Stephen Crane, J.), entered April 28, 1993, which denied plaintiff’s motion for partial summary judgment on the issue of defendants’ liability under Labor Law § 240 (1), unanimously affirmed, without costs.

As noted by the IAS Court, a cause of action under Labor Law § 240 (1) requires a showing not only that the statute was violated but that the violation was a contributing cause of the accident (Zimmer v Chemung County Performing Arts, 65 NY2d 513, 524). The conflicting proof in the record on that aspect of the case must be reached at trial. Concur — Ellerin, J. P., Wallach, Kupferman, Rubin and Tom, JJ.

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Bluebook (online)

203 A.D.2d 188, 612 N.Y.S.2d 848, 1994 N.Y. App. Div. LEXIS 4222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yanni-v-port-authority-of-new-york-new-jersey-nyappdiv-1994.

Opinion

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