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Russell v. Widewaters South Bay Road

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 1025 (N.Y. App. Div. 2001)

Opinion

(1641) CA 01-01631

December 21, 2001.

(Appeal from Order of Supreme Court, Onondaga County, Nicholson, J. — Summary Judgment.)

PRESENT: HAYES, J.P., SCUDDER, BURNS, GORSKI AND LAWTON, JJ.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted that part of third-party defendant's cross motion seeking summary judgment dismissing the Labor Law § 240 (1) claim. Plaintiff Dean Russell, a subcontractor, tripped over an electrical cord while working on stilts and, in doing so, "did not encounter a hazard contemplated by the statute" ( Melber v. 6333 Main St., 91 N.Y.2d 759, 761).


Summaries of

Russell v. Widewaters South Bay Road

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 1025 (N.Y. App. Div. 2001)
Case details for

Russell v. Widewaters South Bay Road

Case Details

Full title:DEAN RUSSELL AND SANDRA RUSSELL, PLAINTIFFS-APPELLANTS, v. WIDEWATERS…

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

Date published: Dec 21, 2001

Citations

289 A.D.2d 1025 (N.Y. App. Div. 2001)
735 N.Y.S.2d 900

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