Yanni v. Port Auth. of New York New Jersey

Full title: ANNE M. YANNI, Appellant, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY et…

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

Date published: Apr 26, 1994

203 A.D.2d 188 (N.Y. App. Div. 1994)

612 N.Y.S.2d 848

Opinion

April 26, 1994

Appeal from the Supreme Court, New York County (Stephen Crane, J.).

As noted by the IAS Court, a cause of action under Labor Law § 240 (1) requires a showing not only that the statute was violated but that the violation was a contributing cause of the accident (Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513, 524). The conflicting proof in the record on that aspect of the case must be reached at trial.

Concur — Ellerin, J.P., Wallach, Kupferman, Rubin and Tom, JJ.