WALKER v. METRO NORTH COMMUTER RAILROAD (2000)

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

Herman I. WALKER, Plaintiff-Appellant, v. METRO-NORTH COMMUTER RAILROAD, et al., Defendants-Respondents,
Lehrer, McGovern & Bovis, Inc., et al., Defendants. Metro-North Commuter Railroad, et al., Third-Party Plaintiffs-Respondents, v. Bronze Sales, Inc., Third-Party Defendant-Respondent.

Decided: May 02, 2000

SULLIVAN, P.J., ROSENBERGER, WILLIAMS, WALLACH and BUCKLEY, JJ.

Philip J. Dinhofer, for Plaintiff-Appellant. Herbert Rubin, for Metro-North Commuter Railroad, et al. Herbert Rubin Patrick Aurilia, for Third-Party Defendant-Respondent.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered March 4, 1998, which, inter alia, denied plaintiff's cross motion for summary judgment on the issue of liability on his Labor Law § 240(1) claim and granted summary judgment to defendants dismissing plaintiff's Labor Law § 240(1) claim, unanimously affirmed, without costs..

Labor Law § 240 was never intended to cover an injury from electrical shock sustained by a worker on a scaffold caused by a dangling electrical extension cord that made contact with a live wire below the scaffold (see, Alfieri v. New York City Transit Authority, 190 A.D.2d 594, 593 N.Y.S.2d 794, lv. denied 82 N.Y.2d 655, 602 N.Y.S.2d 803, 622 N.E.2d 304).

MEMORANDUM DECISION.

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Out of date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!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network