Grove v. Cornell Univ.

Full title: Dallas M. GROVE, Appellant, v. CORNELL UNIVERSITY, et al., Respondents.

Court: Court of Appeals of New York.

Date published: Oct 18, 2011

957 N.E.2d 1137 (N.Y. 2011)

957 N.E.2d 1137

933 N.Y.S.2d 635

2011 N.Y. Slip Op. 7258

Opinion

2011-10-18

Dallas M. GROVE, Appellant, v. CORNELL UNIVERSITY, et al., Respondents.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for appellant. Levene Gouldin & Thompson, LLP, Binghamton (John L. Perticone of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for appellant. Levene Gouldin & Thompson, LLP, Binghamton (John L. Perticone of counsel), for respondents.

MEMORANDUM:

The judgment appealed from and the order of the Appellate Division brought up for review should be modified, without costs, by denying defendants' motion for summary judgment seeking dismissal of plaintiff's Labor Law § 240(1) claim and, as so modified, affirmed.

Triable issues of fact exist as to whether defendants failed to provide an adequate safety device to plaintiff in violation of Labor Law § 240(1) or whether plaintiff's conduct was the sole proximate cause of his injuries.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

On review of submissions pursuant to section 500.11 of the Court of Appeals (22 NYCRR 500.11), judgment appealed from and order of the Appellate Division brought up for review modified, without costs, by denying defendants' motion for summary judgment on plaintiff's Labor Law § 240(1) claim and, as so modified, affirmed, in a memorandum.