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HOLLY v. COUNTY OF CHAUTAUQUA

No. 61 SSM 58.

13 N.Y.3d 931 (2010)

895 N.Y.S.2d 308

2010 NY Slip Op 365

LARRY C. HOLLY et al., Respondents, v. COUNTY OF CHAUTAUQUA et al., Appellants.

Court of Appeals of New York.

Decided January 19, 2010.

Attorney(s) appearing for the Case

Hodgson Russ LLP, Buffalo (Ryan K. Cummings of counsel), for appellants.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and plaintiffs' motion for partial summary judgment as to liability on their Labor Law § 240 (1) claim denied. The certified question should be answered in the negative.

While we agree with the Appellate Division that there are no questions of fact regarding proximate cause, triable issues of fact do exist as to whether...

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