[Download] "Joseph Colern and Elizabeth Colern v. State New York" by Supreme Court of New York # eBook PDF Kindle ePub Free

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eBook details

• Title: Joseph Colern and Elizabeth Colern v. State New York
• Author : Supreme Court of New York
• Release Date : January 01, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Judgment unanimously reversed on the law with costs, judgment of liability granted to claimants, and matter remitted to Court of Claims for further proceedings, in accordance with the following Memorandum: Claimants appeal from a judgment entered at the close of proof at trial on the issue of liability dismissing the claim as legally insufficient to establish liability under Labor Law ? 240(1). In dismissing the claim, the court seemed to rely on two rationales. First, the court implied that, in order to recover, claimant had to show that he fell from a scaffolding or other temporary elevated platform, and that the bridge abutment from which claimant fell could not be so categorized. Second, the court apparently found that it was fatal to the ? 240(1) claim that claimant ""chose his position on the wall as a position convenient to him and not a place where he was forced to work"". We conclude that claimant made an unrebutted showing of the State's liability under Labor Law ? 240(1) and that the judgment therefore must be reversed. Claimant established that he was injured as a result of a fall from an elevated work site and that no planking, scaffolding, railing, netting or other safety devices were provided for his protection. He also showed that the absence of safety devices was the proximate cause of his injuries (Bland v Manocherian, 66 N.Y.2d 452, 459; Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513, 524, rearg denied 65 N.Y.2d 1054).

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