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Terry v. Young Men's Hebrew Ass'n of Washington Heights, Inc.

78 N.Y.2d 978 Court N.Y. Decision date 1991-09-10 English

Contents

Majority

p. 978
George Terry, Respondent, v Young Men’s Hebrew Association of Washington Heights, Inc., Appellant and Third-Party Plaintiff-Respondent. Careful Cleaning Contractors, Third-Party Defendant-Appellant.
Decided September 10, 1991
p. 979
APPEARANCES OF COUNSEL
Michael H. Bernstein and Joan A. Berk for appellant.
Andrew Sapon for third-party defendant-appellant.
Steven J. Seiden for respondent.

OPINION OF THE COURT

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. Certified question answered in the affirmative. Appellants’ principal argument, that Labor Law § 202 preempts the strict liability provisions of Labor Law § 240 (1), is unpreserved for this Court’s review, and therefore we do not pass on it. Appellants’ remaining argument, that issues of fact exist precluding summary judgment, is without merit.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

Statutes and regulations cited