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RUNNER v. NEW YORK STOCK EXCH., INC.

No. 197.

13 N.Y.3d 599 (2009)

895 N.Y.S.2d 279

2009 NY Slip Op 9310

VICTOR J. RUNNER, Respondent, v. NEW YORK STOCK EXCHANGE, INC., et al., Appellants.

Court of Appeals of New York.

Decided December 17, 2009.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Steven J. Ahmuty, Jr., and Christopher Simone of counsel), and Lewis Brisbois Bisgaard & Smith LLP for appellants.

Sacks and Sacks, LLP, New York City (Scott N. Singer of counsel), for respondent.

Fiedelman & McGaw, Jericho (Andrew Zajac and Dawn C. DeSimone of counsel), Rona L. Platt, Brendan T. Fitzpatrick, David B. Hamm and Timothy J. Keane for Defense Association of New York, Inc., amicus curiae.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The Second Circuit Court of Appeals, in the course of considering defendants' appeal from a judgment imposing liability upon them pursuant to section 240 (1) of New York's Labor Law, has certified to us two questions respecting the applicability of that statute. We now answer that the statute is applicable under the circumstances here presented.

The trial evidence showed that plaintiff suffered serious and...

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