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Cedrone v. McCarthy Brothers

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 979 (N.Y. App. Div. 1995)

Opinion

February 3, 1995

Appeal from the Supreme Court, Onondaga County, Pooler, J.

Present — Pine, J.P., Fallon, Wesley, Callahan and Davis, JJ.


Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: Plaintiff was injured when a wall he was demolishing collapsed, causing the scaffold upon which he was standing to fall. Supreme Court erred in denying plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) cause of action. The accident was "gravity-related" because plaintiff "[fell] from a height" (Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501; cf., Hunter v. BTC Block 17/18, 210 A.D.2d 968; Misseritti v. Mark IV Constr. Co., 209 A.D.2d 931).


Summaries of

Cedrone v. McCarthy Brothers

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 979 (N.Y. App. Div. 1995)
Case details for

Cedrone v. McCarthy Brothers

Case Details

Full title:FRANCO CEDRONE, Appellant, v. McCARTHY BROTHERS AND/OR McCARTHY, a…

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

Date published: Feb 3, 1995

Citations

212 A.D.2d 979 (N.Y. App. Div. 1995)
623 N.Y.S.2d 438