YANNI v. PORT AUTH. OF NEW YORK & NEW JERSEY


203 A.D.2d 188 (1994)

612 N.Y.S.2d 848

Anne M. Yanni, Appellant, v. Port Authority of New York and New Jersey et al., Respondents Morrison-Knudsen Company, Inc., Third-Party Plaintiff-Respondent, v. Tres, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendants Port Authority of New York and New Jersey, Third-Party Plaintiff-Respondent, v. Tres, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendants

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

April 26, 1994


As noted by the IAS Court, a cause of action under Labor Law § 240 (1) requires a showing not only that the statute was violated but that the violation was a contributing cause of the accident (Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513, 524). The conflicting proof in the record on that aspect of the case must be reached...

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