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Moreta v. State of New York

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 593 (N.Y. App. Div. 2000)

Opinion

May 30, 2000

In a claim to recover damages for personal injuries pursuant to Labor Law § 240(1), the defendant appeals from an order of the Court of Claims (Ruderman, J.), dated August 13, 1999, which granted the claimant's motion for partial summary judgment on the issue of liability.

Before: Joy, J. P., Thompson, Goldstein and Feuerstein, JJ.


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The claimant failed to establish, as a matter of law, that the defendant violated Labor Law § 240(1). Where a claimant is injured from a fall from a ladder which is not shown to be defective, the issue of whether the ladder provided the claimant with the proper protection required under this statute is a question for the jury ( see, Benefield v. Halmar Corp., 264 A.D.2d 794).


Summaries of

Moreta v. State of New York

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 593 (N.Y. App. Div. 2000)
Case details for

Moreta v. State of New York

Case Details

Full title:PASTOR MORETA, RESPONDENT, v. STATE OF NEW YORK, APPELLANT. (CLAIM NO…

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

Date published: May 30, 2000

Citations

272 A.D.2d 593 (N.Y. App. Div. 2000)
709 N.Y.S.2d 829

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