Baker v. Barron's Educational Service Corp.
| Decision Date | 30 March 1998 |
| Citation | 670 N.Y.S.2d 587,248 A.D.2d 655 |
| Parties | , 1998 N.Y. Slip Op. 2909 Gerard BAKER, Plaintiff-Respondent, v. BARRON'S EDUCATIONAL SERVICE CORP., et al., Defendants Third-Party Plaintiffs-Respondents; All Seasons Commercial Systems, Inc., Third-Party Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
O'Reilly, Marsh & Corteselli, P.C., Mineola (Arthur T. Walsh, of counsel; Vincent Lomangino, on the brief), for third-party defendant-appellant.
D'Ambrosio & D'Ambrosio, P.C., Irvington (John P. D'Ambrosio, of counsel), for plaintiff-respondent.
Hammill, O'Brien, Croutier & Dempsey, P.C., Mineola (Anton Piotroski, of counsel), for defendants third-party plaintiffs-respondents.
Before MANGANO, P.J., and COPERTINO, JOY, FLORIO and LUCIANO, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, the third-party defendant All Seasons Commercial Systems, Inc., appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated December 23, 1996, which, inter alia, (1) granted the plaintiff's motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240(1) as against the defendants third-party plaintiffs, Barron's Educational Service Corp. and Barron's Land Corp., and (2) granted the cross motion by the defendants third-party plaintiffs for summary judgment on their indemnification cause of action as against the appellant.
ORDERED that the order is affirmed; and it is further,
ORDERED that the respondents appearing separately and filing separate briefs are awarded one bill of costs.
The plaintiff, a roofer in the employ of the third-party defendant All Seasons Commercial Systems, Inc. (hereinafter All Seasons), was struck in the head by an unsecured cinder block which was being lowered by a rope and derrick from the roof to the ground. The Supreme Court was correct in granting partial summary judgment to the plaintiff on his Labor Law § 240(1) cause of action, since that section applies to the "special hazards" of falling from a height or being struck by a falling object that was improperly hoisted or inadequately secured (see, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501, 601 N.Y.S.2d 49, 618 N.E.2d 82; see also, Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 577 N.Y.S.2d 219, 583 N.E.2d 932). In addition to the evidence that the plaintiff was struck in the head by an inadequately-secured cinder block, there was evidence that the defendants third-party plaintiffs had failed to...
To continue reading
Request your trial
-
La Veglia v. St. Francis Hosp.
...pulleys, or scaffolds for the removal of the debris, which might have provided the necessary protection ( see Baker v. Barron's Educ. Serv. Corp., 248 A.D.2d 655, 670 N.Y.S.2d 587; cf. Roberts v. General Elec. Co., 97 N.Y.2d 737, 738, 742 N.Y.S.2d 188, 768 N.E.2d 1127; Narducci v. Manhasset......
-
Kyu–to v. Triangle Equities Llc
...478, 776 N.Y.S.2d 307; see also Orner v. Port Auth. of N.Y. & N.J., 293 A.D.2d 517, 517, 740 N.Y.S.2d 414; Baker v. Barron's Educ. Serv. Corp., 248 A.D.2d 655, 656, 670 N.Y.S.2d 587; cf. Roberts v. General Elec. Co., 97 N.Y.2d 737, 738, 742 N.Y.S.2d 188, 768 N.E.2d 1127). Accordingly, the S......
-
Moncayo v. Curtis Partition Corp.
...518, 814 N.Y.S.2d 256;cf. Outar v. City of New York, 5 N.Y.3d at 732, 799 N.Y.S.2d 770, 832 N.E.2d 1186;Baker v. Barron's Educ. Serv. Corp., 248 A.D.2d 655, 655–656, 670 N.Y.S.2d 587). In opposition, the plaintiffs failed to raise a triable issue of fact. The Supreme Court also properly gra......
-
Fahning v. The City of New York
... ... beach ( see Alvarez v Hudson Val. Realty Corp. , 107 ... A.D.3d 748, 748 [2d Dept 2013]). Further, the ... NY, 62 A.D.3d 591, 591-592 [1st Dept 2009]; Baker v ... Barron's Educ. Serv. Corp. , 248 A.D.2d 655, 655-656 ... electronically file an affidavit of said service with the ... Kings County Clerk ... ...