AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

JOSEPH VESSIO et al., Respondents, v. ADOR CONVERTING BIASING, INC., Appellant, et al., Defendant. (And a Third-Party Action.)

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

The work engaged in by the injured plaintiff at the time of his accident, replacing a burner in a boiler, constituted the repair of a structure covered by Labor Law § 240 (1) (see, Lewis-Moors v Contel of N.Y., 78 N.Y.2d 942; Izrailev v Ficarra Furniture, 70 N.Y.2d 813; Kinsler v Lu-Four Assocs., 215 A.D.2d 631 [decided herewith]; Buckley v Radovich, 211 A.D.2d 652). However, a question of fact exists concerning whether the ladder in question was adequate under the circumstances to provide the injured plaintiff with proper support (see, Walsh v Applied Digital Data Sys., 190 A.D.2d 731; Blair v Rosen-Michaels, Inc., 146 A.D.2d 863). Rosenblatt, J.P., Ritter, Pizzuto and Krausman, JJ., concur.

Use AI to get other relevant cases.

Comments

VESSIO v. ADOR CONVERTING BIASING, INC
(May 22, 1995)