Outar v. City of New York

N.Y.

Court: New York Court of Appeals

Citations: 5 N.Y.3d 731, 799 N.Y.S.2d 770, 832 N.E.2d 1186, 2005 N.Y. LEXIS 1218

Decision Date: 6/9/2005

Jurisdiction: NY

Bluebook Citation: Outar v. City of New York, 5 N.Y.3d 731, 799 N.Y.S.2d 770, 832 N.E.2d 1186, 2005 N.Y. LEXIS 1218 (2005)

More Cases: N.Y. decisions from 2005

Amarnauth Outar et al., Respondents, v City of New York, Appellant.

Attorneys

APPEARANCES OF COUNSEL
Wallace D. Gossett, Brooklyn (.Lawrence A. Silver of counsel), for appellant.
Lawrence P. Biondi, New York City, for respondents.
Fiedelman & McGaw, Jericho (Jeanne A. Cygan, Andrew Zajac, Dawn C. DeSimone, Elizabeth Anne Bannon and Rona Platt of counsel), for Defense Association of New York, Inc., amicus curiae.

majority

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs. The elevation differential between the dolly and plaintiff was sufficient to trigger Labor Law § 240 (l)’s protection, and the dolly was an object that required securing for the purposes of the undertaking (cf. Narducci v Manhasset Bay Assoc., 96 NY2d 259, 268 [2001]).

Concur: Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith.

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