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ZEITNER v. HERBMAX SHARON ASSOCS.

194 A.D.2d 414 (1993)

599 N.Y.S.2d 234

Francis Zeitner, Appellant-Respondent, v. Herbmax Sharon Associates et al., Respondents-Appellants. (And a Third-Party Action.)

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

June 15, 1993

In order to impose absolute liability on a building owner, the injured party must prove a violation of Labor Law § 240 (1) and that said violation was the proximate cause of the injuries. (Smith v Hooker Chems. & Plastics Corp., 89 A.D.2d 361, appeal dismissed 58 N.Y.2d 824.) In light of the fact that the injured plaintiff here admits that a gust of wind caused him to fall from the ladder while he was holding...

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