1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 199 A.D.3d
  5. 199 A.D.3d 520 (2021)
 

HOVORKA v. APPLIED PRODS. CO., INC.

Index No. 24708/15E. Appeal Nos. 14636-14636A. Case No. 2020-02635.

199 A.D.3d 520 (2021)

154 N.Y.S.3d 435

2021 NY Slip Op 06443

Shane Hovorka, Respondent, v. Applied Products Company, Inc., et al., Appellants.

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Judy C. Selmeci of counsel), for appellants.

Scaffidi & Associates, New York ( James F. Scaffidi of counsel), for respondent.

Concur—Webber, J.P., Kern, González, Mendez, Shulman, JJ.

Supreme Court properly granted plaintiff summary judgment on his Labor Law § 240(1) claim because plaintiff has shown that he fell while walking along an elevated retaining wall to access a job site. This activity presents the type of elevation related risk contemplated by the statute, which could have been mitigated by providing the type of protective devices listed in section 240(1) (see Auriemma v Biltmore Theatre, LLC, 82 A.D.3d 1

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