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SHERMAN v. BABYLON RECYCLING CTR., INC.

218 A.D.2d 631 (1995)

631 N.Y.S.2d 25

Gustav Sherman et al., Appellants, v. Babylon Recycling Center, Inc., Defendant and Third-Party Plaintiff, and Hinck Electrical Contractor, Inc., Respondent. RRT Design & Construction Corp., Third-Party Defendant-Respondent, et al., Third-Party Defendants

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

August 31, 1995

The IAS Court erred in concluding that the provisions of Labor Law § 240 (1), which impose absolute liability upon owners, contractors, and their agents for failing to furnish or erect safety devices to protect workers from the risks of elevation-related injuries, are inapplicable to the facts of this case. In Ross v Curtis-Palmer Hydro-Elec. Co. (81 N.Y.2d 494, 501), the Court of Appeals, citing Rocovich v Consolidated Edison...

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