CAPPARELLI v. ZAUSMER FRISCH ASSOCIATES INC (1998)

Supreme Court, Appellate Division, Fourth Department, New York.

Louis A. CAPPARELLI, Jr., and Dawn M. Capparelli, Appellants-Respondents, v. ZAUSMER FRISCH ASSOCIATES, INC., and/or Zausmer Frisch Construction Co., Inc., and Council House Realty Corporation, Respondents.
Zausmer Frisch Construction Co., Inc., Third-Party Plaintiff, v. Burns Electric Co., Inc., Third-Party Defendant-Respondent-Appellant.
Council House Realty Corporation, Third-Party Plaintiff-Respondent, v. Burns Electric Co., Inc., Third-Party Defendant-Respondent-Appellant.

Decided: December 31, 1998

Present: DENMAN, P.J., HAYES, BALIO, BOEHM and FALLON, JJ.

Cherundolo, Bottar & Leone by Edward Leone, Syracuse, for plaintiffs-appellants-respondents. MacKenzie, Smith, Lewis, Mitchell & Hughes, LLP by Maureen McGlynn, Syracuse, for third-party defendant-respondent-appellant. Costello, Cooney & Fearon, LLP by Edmund Gegan, Syracuse, for defendants-third-party plaintiffs-respondents.

Because the alleged injury of plaintiff Louis A. Capparelli, Jr. was the result of his exposure “to the usual and ordinary dangers of a construction site, and not the extraordinary elevation risks envisioned by Labor Law § 240(1)” (Rodriguez v. Tietz Ctr. for Nursing Care, 84 N.Y.2d 841, 843, 616 N.Y.S.2d 900, 640 N.E.2d 1134), dismissal of the Labor Law § 240(1) cause of action is warranted. Thus, we modify the order by granting the motion of third-party defendant for partial summary judgment and dismissing that cause of action.

Order unanimously modified on the law and as modified affirmed without costs.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law