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Claimant, injured from a fall off a ladder during a bridge reconstruction project, sued the defendant property owner for common-law negligence and Labor Law violations (§§ 200, 240 [1], 241 [6]). The Court of Claims denied claimant's motion for partial summary judgment on Labor Law § 240 (1) and granted defendant's cross-motion to dismiss the section 200 and common-law negligence claims. On appeal, the higher court found the lower court erred in denying claimant's motion for partial summary judgment on Labor Law § 240 (1), concluding the ladder was not placed to give proper protection, and modified the order to grant claimant partial summary judgment. The court also agreed with the defendant that the Labor Law § 241 (6) claim, based on Industrial Code violations, should have been dismissed, as the cited provisions were inapplicable or too general. Claimant abandoned claims under Labor Law § 200 and common-law negligence.
Kin v. State is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Claimant, injured from a fall off a ladder during a bridge reconstruction project, sued the defendant property owner for common-law negligence and Labor Law violations (§§ 200, 240 [1], 241 [6]). The Court of Claims denied claimant's motion for partial summary judgment on Labor Law § 240 (1) and granted defendant's cross-motion to dismiss the section 200 and common-law negligence claims. On appeal, the higher court found the lower court erred in denying claimant's motion for partial summary judgment on Labor Law § 240 (1), concluding the ladder was not placed to give proper protection, and modified the order to grant claimant partial summary judgment. The court also agreed with the defendant that the Labor Law § 241 (6) claim, based on Industrial Code violations, should have been dismissed, as the cited provisions were inapplicable or too general. Claimant abandoned claims under Labor Law § 200 and common-law negligence.
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