You are here: / / COMPARATIVE NEGLIGENCE IS A DEFENSE TO A LABOR LAW 241 (6) CAUSE OF ACTION...
,

COMPARATIVE NEGLIGENCE IS A DEFENSE TO A LABOR LAW 241 (6) CAUSE OF ACTION (FOURTH DEPT).

The Fourth Department noted that comparative negligence is a defense to a Labor Law 241 (6) cause of action. Here plaintiff alleged he slipped and fell on ice and snow in a parking lot which functioned as a passageway and Supreme Court granted plaintiff’s motion for summary judgment. The Fourth Department found defendant had raised a question of fact about whether it had discharged its duty to keep the passageway clear by salting it and sent the matter back for a trial:

… [G]iven the need for a trial on liability and, if necessary, a new trial on damages, we note our agreement with defendant that the court erred in granting plaintiff’s request to preclude defendant from introducing at the prior damages trial any evidence of plaintiff’s comparative fault with respect to the Labor Law § 241 (6) cause of action. The court determined that defendant was precluded from offering evidence of plaintiff’s comparative fault at trial because that issue had been decided when the court granted plaintiff’s motion. Contrary to the court’s determination, however, consideration of comparative fault is still required even “[w]hen a defendant’s liability is established as a matter of law before trial” because the jury must still “determine whether the plaintiff was negligent and whether such negligence was a substantial factor” in causing his or her injuries … , “comparative negligence remains a cognizable affirmative defense to a section 241 (6) cause of action” … . Baum v Javen Constr. Co., Inc., 2021 NY Slip Op 03678, Fourth Dept 6-11-21

 

You might also like
DEFENDANT’S MOTION TO VACATE HIS CONVICTION BY GUILTY PLEA SHOULD NOT HAVE BEEN DENIED WITHOUT A HEARING, DEFENDANT SUFFICIENTLY ALLEGED HIS COUNSEL PROVIDED WRONG INFORMATION ABOUT THE POSSIBILITY OF DEPORTATION.
RECKLESS ENDANGERMENT AND MENACING A POLICE OFFICER CONVICTIONS WERE AGAINST THE WEIGHT OF THE EVIDENCE (FOURTH DEPT).
VILLAGE CODE DID NOT EXPLICITLY IMPOSE TORT LIABILITY FOR SIDEWALK SLIP AND FALLS ON THE ABUTTING PROPERTY OWNERS, ABUTTING PROPERTY OWNER’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED.
PETITIONER, WHO HAD WORKED FOR THE TOWN FOR 32 YEARS, TOOK $181 FROM PETTY CASH AND LEFT A NOTE INDICATING SHE OWED MONEY TO THE FUND; THE LARCENY AND THEFT CHARGES WERE ANNULLED; TERMINATION WAS TOO SEVERE A PUNISHMENT; MATTER REMITTED (FOURTH DEPT).
STATEMENTS MADE IN CONNECTION WITH A HOSPITAL’S QUALITY ASSURANCE INVESTIGATION ARE PRIVILEGED PURSUANT TO THE EDUCATION LAW AND PUBLIC HEALTH LAW; THE STATEMENTS ARE NOT DISCOVERABLE IN THE MEDICAL MALPRACTICE ACTION (FOURTH DEPT).
THE WAIVER OF INDICTMENT IS JURISDICTIONALLY DEFECTIVE FOR FAILURE TO INCLUDE THE APPROXIMATE TIME OF EACH OFFENSE (FOURTH DEPT).
AGENT FOR US CUSTOMS WAS NOT ACTING AS A PEACE OFFICER WHEN HE EFFECTED A VEHICLE STOP AND DID NOT EFFECT A VALID CITIZEN’S ARREST, THEREFORE THE MOTION TO SUPPRESS THE FIREARM FOUND IN THE VEHICLE WAS PROPERLY GRANTED (FOURTH DEPT).
New York’s Seatbelt Defense Applies to Action Stemming from Pennsylvania Accident (Where There Is No Seatbelt Defense)—Defense Is Not a Conduct-Regulating Law (Which Would Trigger the Application of Pennsylvania Law)—Rather the Defense Relates to the Allocation of Damages (Which Supports the Application of New York Law)

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

ALTHOUGH THE POLICE IN THIS STREET STOP CASE MAY HAVE HAD CAUSE FOR A LEVEL... QUESTION OF FACT WHETHER THE DRIVER OF DEFENDANT’S TRUCK IN THIS TRAFFIC...