GROVE v. CORNELL UNIVERSITY, 17 N.Y.3d 875 (2011)
Court: Court of Appeals of New York
Number: innyco20111018231
Visitors: 5
Filed: Oct. 18, 2011
Latest Update: Oct. 18, 2011
Summary: OPINION OF THE COURT MEMORANDUM. The judgment appealed from and the order of the Appellate Division brought up for review should be modified, without costs, by denying defendants' motion for summary judgment seeking dismissal of plaintiff's Labor Law 240 (1) claim and, as so modified, affirmed. Triable issues of fact exist as to whether defendants failed to provide an adequate safety device to plaintiff in violation of Labor Law 240 (1) or whether plaintiff's conduct was the sole proximat
Summary: OPINION OF THE COURT MEMORANDUM. The judgment appealed from and the order of the Appellate Division brought up for review should be modified, without costs, by denying defendants' motion for summary judgment seeking dismissal of plaintiff's Labor Law 240 (1) claim and, as so modified, affirmed. Triable issues of fact exist as to whether defendants failed to provide an adequate safety device to plaintiff in violation of Labor Law 240 (1) or whether plaintiff's conduct was the sole proximate..
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OPINION OF THE COURT
MEMORANDUM.
The judgment appealed from and the order of the Appellate Division brought up for review should be modified, without costs, by denying defendants' motion for summary judgment seeking dismissal of plaintiff's Labor Law § 240 (1) claim and, as so modified, affirmed.
Triable issues of fact exist as to whether defendants failed to provide an adequate safety device to plaintiff in violation of Labor Law § 240 (1) or whether plaintiff's conduct was the sole proximate cause of his injuries.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), judgment appealed from and order of the Appellate Division brought up for review modified, etc.
Source: Leagle
