From Casetext: Smarter Legal Research

Greenidge v. Anchor Constr

Appellate Division of the Supreme Court of New York, First Department
Mar 6, 2003
303 A.D.2d 179 (N.Y. App. Div. 2003)

Opinion

388

March 6, 2003.

Order, Supreme Court, New York County (Edward Lehner, J.), entered May 3, 2002, which, to the extent appealed from as limited by the brief, granted plaintiff's motion for summary judgment as to liability upon his Labor Law § 240(1) claim, unanimously affirmed, without costs.

David Lewis Feld, for plaintiff-respondent.

Vito M. DeStefano, Carolyn Walsh, for defendant-appellant.

Before: Nardelli, J.P., Andrias, Saxe, Williams, Marlow, JJ.


The uncontradicted proof demonstrated that plaintiff, while installing an electrical fixture on the ceiling of defendant Anchor's premises, fell when the ladder upon which he was standing slipped. Inasmuch as it is plain that the ladder was inadequate to protect plaintiff from the risks to which he was exposed by reason of the particular elevated work he was performing and that plaintiff was not furnished any other safety device, the grant of summary judgment as to liability upon plaintiff's Labor Law § 240(1) claim was proper (see Cruz v. Turner Constr. Co., 279 A.D.2d 322; Spaulding v. Metro. Life Ins. Co., 271 A.D.2d 316).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Greenidge v. Anchor Constr

Appellate Division of the Supreme Court of New York, First Department
Mar 6, 2003
303 A.D.2d 179 (N.Y. App. Div. 2003)
Case details for

Greenidge v. Anchor Constr

Case Details

Full title:GAVIN GREENIDGE, Plaintiff-Respondent, v. ANCHOR CONSTRUCTION, INC.…

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

Date published: Mar 6, 2003

Citations

303 A.D.2d 179 (N.Y. App. Div. 2003)
755 N.Y.S.2d 239

Citing Cases

Rios v. WVF Paramount 545 Property, LLP

Piccione v 1165 Park Ave., Inc., 258 AD2d 357, 358 (1st Dept 1999) (citations omitted). Similarly, in…

Orphanoudakis v. Dormitory Auth

Plaintiff, a painter for a subcontractor of defendant TDX, was injured when he fell from a ladder that…