Miro v. PLAZA CONSTRUCTION CORP., 9 N.Y.3d 948

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, without costs, by denying summary judgment to defendants as to the Labor Law § 240 (1) claim and, as so modified, affirmed, and certified question answered in the negative. Assuming that the ladder was unsafe, it is not clear from the record how easily a replacement ladder could have been procured.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.

Case Details

Case Name: Miro v. PLAZA CONSTRUCTION CORP.

Court Name: New York Court of Appeals

Date Published: Oct 23, 2007

Citations: 9 N.Y.3d 948; 877 N.E.2d 294; 846 N.Y.S.2d 76

Court Abbreviation: N.Y.