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Fulton v. Northland Associates, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1998
248 A.D.2d 1020 (N.Y. App. Div. 1998)

Opinion

March 13, 1998

Appeal from the Supreme Court, Onondaga County, Murphy, J. — Summary Judgment.)

Present — Pine, J. P., Hayes, Callahan, Balio and Boehm, JJ.


Order unanimously reversed on the law without costs and motion denied. Memorandum: Jerry Fulton (plaintiff) was injured while performing masonry work on a construction project at Fort Drum in Watertown. As plaintiff was alighting from a scaffold to the ground, he tripped when he placed his foot on a broken cinder block, which was on the ground. As a result, plaintiff fell and injured his back. Supreme Court erred in granting plaintiffs' motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action. Plaintiff's injury was not the result of an elevation-related risk covered by Labor Law § 240 (1) but, rather, was the result of the usual and ordinary dangers at a construction site (see, Kvandal v. Westminster Presbyt. Socy., 238 A.D.2d 889; White v. Farash Corp., 224 A.D.2d 978, 979; see also, Misseritti v. Mark IV Constr. Co., 86 N.Y.2d 487, 491, rearg denied 87 N.Y.2d 969; Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 561). The court's reliance on Sherman v. Piotrowski Bldrs. ( 229 A.D.2d 959) is misplaced. In that case, plaintiff jumped from the roof of a two-story house to a garage roof because there was no ladder, and his injuries were gravity-related.


Summaries of

Fulton v. Northland Associates, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1998
248 A.D.2d 1020 (N.Y. App. Div. 1998)
Case details for

Fulton v. Northland Associates, Inc.

Case Details

Full title:JERRY FULTON et al., Respondents, v. NORTHLAND ASSOCIATES, INC., Appellant

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

Date published: Mar 13, 1998

Citations

248 A.D.2d 1020 (N.Y. App. Div. 1998)
670 N.Y.S.2d 143

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