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Dellavalle v. E.W. Howell Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 1999
260 A.D.2d 194 (N.Y. App. Div. 1999)

Opinion

April 8, 1999

Appeal from the Supreme Court, New York County (Louise Gruner-Gans, J.).


Third-party defendant, Fischbach and Moore, plaintiff's employer, has standing to bring this appeal (see, Fitch v. Turner Constr. Co., 241 A.D.2d 166, 172). We agree with the IAS Court that plaintiff made out a prima facie case under Labor Law § 240 (1) by proof that he was ejected from the aerial bucket in which he was working when the boom to which the bucket was attached suddenly dropped and came back up. Whatever the cause of such malfunction, plaintiff is entitled to summary judgment absent any evidence that the failure to provide a safe bucket was not, a substantial cause of his injuries (see, Gordon v. Eastern Ry. Supply, 82 N.Y.2d 555, 561-562).

Concur — Rosenberger, J. P., Nardelli, Williams and Wallach, JJ.


Summaries of

Dellavalle v. E.W. Howell Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 1999
260 A.D.2d 194 (N.Y. App. Div. 1999)
Case details for

Dellavalle v. E.W. Howell Co., Inc.

Case Details

Full title:MICHAEL DELLAVALLE, Respondent, v. E.W. HOWELL CO., INC., et al.…

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

Date published: Apr 8, 1999

Citations

260 A.D.2d 194 (N.Y. App. Div. 1999)
688 N.Y.S.2d 44

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