(Download) "Wittkopp v. Adf Construction Corp." by Appellate Division, Fourth Department, New York Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Wittkopp v. Adf Construction Corp.
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 02, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Order insofar as appealed from unanimously reversed on the law with costs and motion granted. Memorandum: John F. Wittkopp (plaintiff) was injured when he fell from the roof of a building at an apartment complex where he had been performing construction work. Supreme Court denied the motion of plaintiff and his wife for partial summary judgment on the Labor Law §240 (1) cause of action on the ground that a factual dispute existed "as to how plaintiff came to be at the location he was at" when he fell. That was error. Plaintiffs established that materials for plaintiffs assigned work were being hoisted to the roof by a forklift and that plaintiff walked to the edge of the roof to check on the progress of the forklift and lost his balance and fell when blown by a gust of wind. That proof establishes that plaintiffs activity was necessary and incidental to the construction work (see, Orr v Christa Constr., 206 AD2d 881; Bilderback v Agway Petroleum Corp., 185 AD2d 372, lv dismissed 80 NY2d 971; Mosher v St. Josephs Villa, 184 AD2d 1000, 1002). Further, plaintiff established that workers employed by other contractors used safety harnesses and tie-offs while working on the roof and that no safety devices were provided for his use. Neither defendant nor third-party defendant controverted that proof.