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NICOMETI v. VINEYARDS, LLC

No. 31

25 N.Y.3d 90 (2015)

30 N.E.3d 154

7 N.Y.S.3d 263

2015 NY Slip Op 02801

MARC A. NICOMETI, Appellant-Respondent, v. THE VINEYARDS OF FREDONIA, LLC, et al., Respondents-Appellants, et al., Defendants. SCOTT PFOHL, Third-Party Plaintiff, and WINTER-PFOHL, INC., Third-Party Plaintiff-Respondent-Appellant, v. WESTERN NEW YORK PLUMBING-ELLICOTT PLUMBING AND REMODELING CO., INC., Third-Party Defendant-Respondent-Appellant.

Court of Appeals of New York.

Decided April 2, 2015.

Attorney(s) appearing for the Case

Michael J. Hutter, Jr. , Albany, and The Ballow Law Firm, P.C., Buffalo ( John E. Ballow and Jason A. Richman of counsel), for appellant-respondent.

Kennedy Shelton Liptak Nowak LLP, Buffalo ( Robert D. Leary of counsel), for Winter-Pfohl, Inc., respondent-appellant.

Barth Sullivan Behr , Buffalo ( Laurence D. Behr of counsel), for The Vineyards of Fredonia, LLC, respondent-appellant.

Baxter Smith & Shapiro, P.C., West Seneca ( Arthur J. Smith , Sim R. Shapiro and Michael V. McLaughlin of counsel), for Western New York Plumbing-Ellicott Plumbing and Remodeling Co., Inc., third-party respondent-appellant.

Judges READ, PIGOTT, RIVERA and ABDUS-SALAAM concur; Chief Judge LIPPMAN dissents in an opinion; Judge FAHEY taking no part.

OPINION OF THE COURT

In this personal injury action, we are called upon to determine whether Labor Law § 240 (1) applies where plaintiff sustained injuries after he slipped on ice and fell to the floor while using stilts to install insulation in a ceiling. Because we conclude that...

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