ZIMMER v. PERFORMING ARTS


65 N.Y.2d 513 (1985)

Charles T. Zimmer, Jr., Appellant, v. Chemung County Performing Arts, Inc., Respondent, and Elcon Contractors, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Mac-Dan Erectors, Inc., Third-Party Defendant-Respondent. John Hunt, Respondent, v. Werner Spitz Construction Company, Inc., Defendant-Appellant and Third-Party Plaintiff-Appellant, et al., Defendant and Third-Party Plaintiff. Railing Supply Company, Inc., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1985.


Attorney(s) appearing for the Case

Russell T. Quinlan, Paul William Beltz and C. A. Krenzer for appellant in the first above-entitled action.

Kevin M. O'Shea for respondent in the first above-entitled action.

Samuel M. Hall for Elcon Contractors, Inc., defendant and third-party plaintiff-respondent in the first above-entitled action.

Stephen D. Smyk for Elsand Steel, Inc., defendant and third-party plaintiff-respondent in the first above-entitled action.

Peter H. Bouman for Mac-Dan Erectors, Inc., third-party defendant-respondent in the first above-entitled action.

Merle M. Troeger for defendant-appellant and third-party plaintiff-appellant in the second above-entitled action.

Charles A. Hall and Eileen E. Buholtz for third-party defendant-appellant in the second above-entitled action.

Wayne M. Harris and Melvin L. Olver for respondent in the second above-entitled action.

Judges MEYER, SIMONS and KAYE concur with Judge ALEXANDER; Judge SIMONS concurs in a separate concurring opinion; Chief Judge WACHTLER dissents and votes to affirm in another opinion in which Judge JASEN concurs; Judge TITONE taking no part.


ALEXANDER, J.

We are called upon on these appeals to determine the extent to which Labor Law § 240 (1)1 imposes liability upon an owner or contractor who has failed to provide any safety devices for workers at a building worksite, and the absence of such devices is the proximate cause of injury to a worker. Based on the clear language...

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