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Kinsler v. Lu-Four Associates

Citations: 215 A.D.2d 631; 628 N.Y.S.2d 303; 1995 N.Y. App. Div. LEXIS 5469

Court: Appellate Division of the Supreme Court of the State of New York; May 22, 1995; New York; State Appellate Court

Narrative Opinion Summary

In a personal injury case, the plaintiffs appealed a decision from the Supreme Court of Suffolk County, which had granted summary judgment in favor of the defendants, dismissing the complaint and third-party complaints. The appellate court reversed this decision, denying the defendants’ motions and granting partial summary judgment to the plaintiffs concerning liability under Labor Law § 240(1) against Lavastone Whirlpool Bath Systems, Inc. The court determined that the plaintiff's work on a suspended oil burner fell under the protection of Labor Law § 240(1), with the unsecured ladder causing the accident, thus establishing a prima facie case. Furthermore, the court found the dismissal of the Labor Law § 241(6) cause of action was improper, as the plaintiff was engaged in construction work per regulatory definitions, and the claim regarding safety regulation violations warranted denial of the defendants' summary judgment motions. The court also held that claims under Labor Law § 200 and common-law negligence should not have been dismissed due to unresolved factual issues regarding each defendant's involvement in the incident. The appellate court's ruling included awarding costs to the appellants.

Legal Issues Addressed

Labor Law § 200 and Common-Law Negligence

Application: The court concluded that the claims under Labor Law § 200 and common-law negligence should not have been dismissed due to unresolved factual questions regarding each defendant's role in the accident.

Reasoning: The court also concluded that the causes of action based on Labor Law § 200 and common-law negligence should not have been dismissed due to existing factual questions about each defendant's contribution to the accident.

Labor Law § 240(1) - Protection for Work on Building Structures

Application: The appellate court held that the plaintiff's work on a suspended oil burner was protected under Labor Law § 240(1), as it is considered part of the building structure.

Reasoning: The court found that the plaintiff was working on a suspended oil burner, which is considered part of the building under Labor Law § 240(1), as supported by precedent cases.

Labor Law § 241(6) - Definition of Construction Work

Application: The appellate court reversed the dismissal of the Labor Law § 241(6) claim, determining that the plaintiff was engaged in 'construction work' as defined by relevant regulations.

Reasoning: Additionally, the court found that the dismissal of the Labor Law § 241(6) cause of action was erroneous, as the plaintiff was engaged in 'construction work' as defined by relevant regulations.

Prima Facie Case Under Labor Law § 240(1)

Application: The plaintiff established a prima facie case under Labor Law § 240(1) by demonstrating that an unsecured ladder caused the accident.

Reasoning: Evidence showed that an unsecured ladder caused the accident, establishing a prima facie case under § 240(1).