From Casetext: Smarter Legal Research

Horvath v. Niacet Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 262 (N.Y. App. Div. 1985)

Opinion

November 15, 1985

Appeal from the Supreme Court, Erie County, Cook, J.

Present — Dillon, P.J., Doerr, O'Donnell, Pine and Schnepp, JJ.


Order unanimously reversed, on the law, with costs, and plaintiff's motion granted. Memorandum: The court erred in refusing to grant plaintiff's motion for partial summary judgment on his claim under Labor Law § 240. The duty imposed on the owner under that section is not satisfied by proof that a safety belt and line were available at the bottom of a gang box at the jobsite and that plaintiff could have used it (Heath v Soloff Constr., 107 A.D.2d 507).


Summaries of

Horvath v. Niacet Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 262 (N.Y. App. Div. 1985)
Case details for

Horvath v. Niacet Corporation

Case Details

Full title:DENNIS D. HORVATH, Appellant, v. NIACET CORPORATION, Respondent and…

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

Date published: Nov 15, 1985

Citations

115 A.D.2d 262 (N.Y. App. Div. 1985)

Citing Cases

Morehouse v. Daniels

Here, the uncontroverted evidence shows that plaintiff was injured from a fall while doing construction work…

Lickers v. State of New York

We then added the further cautionary instruction that Smith was not to be read as imposing a burden on the…