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ROOT v. COUNTY OF ONONDAGA

174 A.D.2d 1014 (1991)

Janet Root, Individually and as Conservator of Howard Root, an Incompetent, Respondent-Appellant, v. County of Onondaga et al., Appellants-Respondents. City of Syracuse, Third-Party Defendant-Appellant, et al., Third-Party Plaintiff

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 7, 1991

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court properly granted defendants' motions for summary judgment dismissing plaintiffs' claim based upon an alleged violation of Labor Law § 240 (1). We have consistently held that absolute liability under that section may be imposed only upon a showing that the injured worker fell from an elevated...

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