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WAGNER v. BARNEY SKANSKA CONSTRUCTION CO., INC.

289 A.D.2d 324 (2001)

734 N.Y.S.2d 489

JOHN WAGNER et al., Appellants-Respondents, v. BARNEY SKANSKA CONSTRUCTION CO., INC., Defendant and Third-Party Plaintiff-Appellant-Respondent. JACOBSON & COMPANY, INC., Third-Party Defendant-Respondent.

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

Decided December 10, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs to the third-party defendant payable by the defendant third-party plaintiff.

To establish a prima facie case of liability under Labor Law § 240 (1), a plaintiff must establish that "the statute was violated and that this violation was a proximate cause of his or her injuries" (Sprague v Peckham Materials Corp., 240 A.D.2d 392, 393). On their motion...

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