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YELLITZ v. BROOKLYN UNION GAS CO.

242 A.D.2d 270 (1997)

661 N.Y.S.2d 36

Robert Yellitz et al., Appellants, v. Brooklyn Union Gas Company, Defendant and Third-Party Plaintiff-Respondent. Professional Contracting Methods, Third-Party Defendant-Respondent

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

August 4, 1997

Ordered that the judgment is affirmed, with one bill of costs.

In order to prevail in an action to recover damages based upon an alleged violation of Labor Law § 240 (1), a plaintiff must prove that the statute was violated and that such violation was the proximate cause of the plaintiff's injuries (see, Duda v Rouse Constr. Corp., 32 N.Y.2d 405, 410; see also, Zimmer v Chemung County Performing Arts...

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