Outar v City of New York (2005 NYSlipOp 04619)

Outar v City of New York

2005 NYSlipOp 04619

June 9, 2005

Court of Appeals

As corrected through Wednesday, August 31, 2005

[*1]

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

Decided June 9, 2005

Outar v City of New York, 11 AD3d 593, affirmed.

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 (1)'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.