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Brugnano v. Merrill Lynch Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1995
216 A.D.2d 18 (N.Y. App. Div. 1995)

Opinion

June 6, 1995

Appeal from the Supreme Court, New York County (Carol Huff, J.).


Since plaintiff employee was employed to clear away the very debris that posed a hazard in the work place, the IAS Court properly dismissed the complaint ( Kowalsky v. Conreco Co., 264 N.Y. 125). Defendants could not have provided plaintiff with a work place that was safe from the defect that his employer was engaged to eliminate ( Senkbeil v. Board of Educ., 23 A.D.2d 587, 589, affd 18 N.Y.2d 789). The denial of amendment of a bill of particulars was justified by the age of the case, the timing of the motion to amend and the lack of special circumstances justifying the amendment ( Spielberger v. Giambalvo, 207 A.D.2d 877). As the proposed new pleadings invoke two Industrial Code sections by number but fail to include factual support for such invocation, "plaintiffs failed to * * * allege facts in their pleadings to establish a violation of [the applicable] regulation[s]" ( Lawyer v. Rotterdam Ventures, 204 A.D.2d 878, 880, lv dismissed 84 N.Y.2d 864).

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Mazzarelli, JJ.


Summaries of

Brugnano v. Merrill Lynch Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1995
216 A.D.2d 18 (N.Y. App. Div. 1995)
Case details for

Brugnano v. Merrill Lynch Co., Inc.

Case Details

Full title:FRANCESCO BRUGNANO et al., Appellants, v. MERRILL LYNCH CO., INC., et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 6, 1995

Citations

216 A.D.2d 18 (N.Y. App. Div. 1995)
628 N.Y.S.2d 635

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