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Shatarat v. G S L Enterprises, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 1990
160 A.D.2d 248 (N.Y. App. Div. 1990)

Opinion

April 5, 1990

Appeal from the Supreme Court, New York County (William Davis, J.).


Labor Law § 240 (1) imposes absolute liability if it is determined that the owner or contractor failed to provide the safety devices required for proper worker protection (Bland v. Manocherian, 66 N.Y.2d 452). The record of the instant matter indicates that questions of fact exist concerning whether the subject ladder was defective and how the accident actually occurred. In that connection, summary judgment is unwarranted where a triable issue is in doubt or even arguable (Rotuba Extruders v. Ceppos, 46 N.Y.2d 223; Sillman v. Twentieth Century-Fox Film Corp., 3 N.Y.2d 395).

Concur — Kupferman, J.P., Carro, Milonas, Wallach and Smith, JJ.


Summaries of

Shatarat v. G S L Enterprises, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 1990
160 A.D.2d 248 (N.Y. App. Div. 1990)
Case details for

Shatarat v. G S L Enterprises, Inc.

Case Details

Full title:MOHAMED SHATARAT, Appellant, v. G S L ENTERPRISES, INC., et al.…

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

Date published: Apr 5, 1990

Citations

160 A.D.2d 248 (N.Y. App. Div. 1990)