McGUIRE v. FULLER

2009-09917.

81 A.D.3d 794 (2011)

916 N.Y.S.2d 835

ROBERT E. McGUIRE, Appellant, v. MICHAEL A. FULLER et al., Respondents. (And a Third-Party Action.)

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

Decided February 15, 2011.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability on his cause of action alleging violations of Labor Law § 240 (1). Generally, to establish a prima facie violation of 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 (see Herrnsdorf...

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