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

TERRENCE McCULLUM, Appellant, v. BARRINGTON COMPANY 309 56TH STREET COMPANY et al., Respondents and Third-Party Plaintiffs-Respondents. WESTINGHOUSE ELEVATOR CO., Third-Party Defendant-Respondent.

The plaintiff was allegedly injured because of a defect in an elevator that he was to repair. He has no cause of action under Labor Law § 240 (1) because his work did not involve "contemplated hazards related to the effects of gravity inherent in the particular task being performed" (Oden v Chemung County Indus. Dev. Agency, 183 A.D.2d 998, 999). Labor Law § 241 (6) is inapplicable because there was no showing that "a violation of a safety regulation promulgated pursuant to Labor Law § 241 (6) was the proximate cause of the accident" (Ares v State of New York, 80 N.Y.2d 959, 960). There is no cause of action under Labor Law § 200 because "[n]o responsibility rests upon an owner of real property to one hurt through a dangerous condition which he has undertaken to fix" (Kowalsky v Conreco Co., 264 N.Y. 125, 128). Accordingly, summary judgment was properly granted.

Concur — Sullivan, J.P., Carro, Milonas, Kupferman and Ross, JJ.

Use AI to get other relevant cases.

Comments

McCULLUM v. BARRINGTON CO. 309 56TH STREET
(Apr 29, 1993)