Professional Documents
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STEIN, J.:
In this personal injury action, we are called upon to
determine whether Labor Law 240 (1) applies where plaintiff
sustained injuries after he slipped on ice and fell to the floor
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Because
According to
Winter-Pfohl and
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Although The
as premature.
Supreme Court granted plaintiff summary judgment with
regard to liability on the Labor Law 240 (1) claim as against
The Vineyards and Winter-Pfohl, denied Winter-Pfohl's cross
motion seeking dismissal of same, and granted Scott Pfohl's cross
motion, thereby dismissing him from the action completely.2
In
The Vineyards,
For
According to defendants,
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We agree.
To achieve
More
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Liability may,
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This is
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In Nieves v
Five Boro A.C. & Refrig. Corp., where the plaintiff stepped off a
ladder with one foot and tripped over a portable light, we held
that Labor Law 240 (1) did not apply because the injury was
caused by a "usual and ordinary danger[] at [the] construction
site," which was distinct and unrelated to the elevation-related
risk that called for the ladder in the first instance (93 NY2d
914, 916 [1999]).
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As in
The facts of
when he fell from a ladder that slipped out from underneath him
because the floor had recently been flooded with a slick and
greasy water, and a "film" or "'gunk'" residue remained (id. at
834).
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In
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Because I believe
As
the Melber Court and the majority here aptly remind us, this
Court has "repeatedly recognized" that Labor Law 240 (1) is to
be "construed as liberally as may be for the accomplishment of
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The
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The
In a
To the
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Order modified, without costs, by granting defendant WinterPfohl, Inc.'s motion for partial summary judgment dismissing the
Labor Law 240(1) claim against it and, as so modified,
affirmed, and certified question answered in the negative.
Opinion by Judge Stein. Judges Read, Pigott, Rivera and AbdusSalaam concur. Chief Judge Lippman dissents in an opinion.
Judge Fahey took no part.
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