FENTY v. CITY OF NEW YORK

2307, 100908/05

71 A.D.3d 459 (2010)

897 N.Y.S.2d 53

GERARD FENTY, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants. CITY OF NEW YORK et al., Third-Party Plaintiffs, v. HILLTOP CONSTRUCTION AND GENERAL CONTRACTING, INC., Third-Party Defendant-Respondent. CDE AIR CONDITIONING, Second Third-Party Plaintiff, v. GRAND PIPING CORP., Second Third-Party Defendant-Respondent.

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

Decided March 9, 2010.


On the section 240 (1) claim, plaintiff's injury-producing accident was not attributable to the risk arising from the elevation differentials at his work site that brought about the need for the safety device in the first place, but rather was caused by the separate, unforeseeable hazard of hot steam emanating from a ruptured pipe, leading to plaintiff's decision to jump from the bucket lift (see Cohen v Memorial Sloan-Kettering Cancer Ctr., 11...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases