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Burris v. City of Beacon

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1999
257 A.D.2d 586 (N.Y. App. Div. 1999)

Opinion

January 19, 1999.

Appeal from the Supreme Court, Dutchess County (Hillery, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 Lab. (1) is granted.

The plaintiff allegedly suffered injuries in an accident which arose out of certain elevation-related risks associated with his work. It is not disputed that at the time of the accident the plaintiff had not been provided with any safety equipment for this job. The evidence in the record establishes conclusively that this failure was the proximate cause of the plaintiff's accident. The plaintiff's submissions thus establish a prima facie case of liability pursuant to Labor Law § 240 Lab. (1), and the opponents of the plaintiff's motion failed to demonstrate any issue of fact requiring a trial on this theory of liability. The Supreme Court therefore erred in denying the plaintiff's motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 Lab. (1) ( see, Felker v. Corning Inc., 90 N.Y.2d 219; Zimmer v. Chemung County Performing Arts, 65 N.Y.2d 513).

Bracken, J.P., Ritter, Santucci and Altman, JJ., concur.


Summaries of

Burris v. City of Beacon

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1999
257 A.D.2d 586 (N.Y. App. Div. 1999)
Case details for

Burris v. City of Beacon

Case Details

Full title:DEMPSEY BURRIS, Appellant, v. CITY OF BEACON et al., Defendants and…

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

Date published: Jan 19, 1999

Citations

257 A.D.2d 586 (N.Y. App. Div. 1999)
684 N.Y.S.2d 265

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