From Casetext: Smarter Legal Research

Carino v. Webster Place

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 2007
45 A.D.3d 351 (N.Y. App. Div. 2007)

Summary

holding that plaintiff was entitled to partial summary judgment on his Labor Law § 240 claim because the ladder with which he was provided in order to remove an eight-foot-high fence at a construction site was inadequate for that task

Summary of this case from Ellerbe v. Port Auth. of N.Y.

Opinion

No. 1958, 1959.

November 13, 2007.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered March 29, 2006, which, insofar as appealed from as limited by the briefs, denied plaintiffs' motion for partial summary judgment on their Labor Law § 240 (1) cause of action and denied defendants' cross motion for summary judgment seeking dismissal of plaintiffs' Labor Law §§ 200 and 240 (1) claims, unanimously modified, on the law, plaintiffs' motion granted, and that part of defendants' cross motion seeking dismissal of the Labor Law § 200 cause of action granted, and otherwise affirmed, without costs.

Paul F. McAloon, New York, for appellants-respondents.

Jeffrey S. Shein Associates, P.C., Syosset (Frank A. Polacco of counsel), for respondents-appellants.

Before: Tom, J.P., Friedman, Gonzalez, Sweeny and Kavanagh, JJ.


Plaintiff was entitled to partial summary judgment on his Labor Law § 240 (1) cause of action, where he was injured when he fell from a ladder while in the course of removing an eight-foot-high fence at a construction site. Regardless of the method employed by plaintiff to remove the fence, the ladder provided to him was not an adequate safety device for the task he was performing and was a proximate cause of the fall and resulting injuries ( see Ben Gui Zhu v Great Riv. Holding, LLC, 16 AD3d 185; Dunn v Consolidated Edison Co. of N.Y., 272 AD2d 129).

Dismissal of the Labor Law § 200 cause of action was warranted since there is no evidence that defendants exercised supervision or control over plaintiffs work ( see Comes v New York State Elec. Gas Corp., 82 NY2d 876; Dalanna v City of New York, 308 AD2d 400).


Summaries of

Carino v. Webster Place

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 2007
45 A.D.3d 351 (N.Y. App. Div. 2007)

holding that plaintiff was entitled to partial summary judgment on his Labor Law § 240 claim because the ladder with which he was provided in order to remove an eight-foot-high fence at a construction site was inadequate for that task

Summary of this case from Ellerbe v. Port Auth. of N.Y.
Case details for

Carino v. Webster Place

Case Details

Full title:HERMENEGILDO CARINO et al., Appellants-Respondents, v. WEBSTER PLACE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 13, 2007

Citations

45 A.D.3d 351 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8747
845 N.Y.S.2d 60

Citing Cases

Thannhauser v. Holy Spirit Ass'n for the Unification of World Christianity

This is true whenever it is established that an unsecured ladder proximately caused a plaintiff's injuries,…

Romero v. Trump Vil. Apts. Two LLC

A "structure" is "any production or piece of work artificially built up or composed of parts joined together…