Majority
p. 731[832 NE2d 1186, 799 NYS2d 770] Amarnauth Outar et al., Respondents, v City of New York, Appellant. Decided June 9, 2005
p. 732
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.
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. 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.
Cases cited
- Narducci v. Manhasset Bay Associates 96 NY2d 259 at 268 p. 732