§Why CasetextPricing

Marc A. Nicometi, Appellant-Respondent,v.The Vineyards of Fredonia, LLC, et al., Respondents-Appellants, et al., Defendants.--------------------------------Scott Pfohl, et al., Third-Party Plaintiffs, v. Western New York Plumbing-Ellicott Plumbing and Remodeling Co., Inc., Third-Party Respondent-Appellant.

Brief

16 Cited authorities

  1. Weininger v. Hagedorn Company

    91 N.Y.2d 958 (N.Y. 1998)   Cited 265 times
    Finding that worker running computer and telephone cables through ceiling to new office space was engaged in altering a structure

  2. Melber v. 6333 Main Street, Inc.

    91 N.Y.2d 759 (N.Y. 1998)   Cited 139 times
    In Melber, the plaintiff was standing on 42–inch stilts while installing metal studs in the top of a drywall (see id. at 761, 676 N.Y.S.2d 104, 698 N.E.2d 933).

  3. Friel v. Papa

    87 A.D.3d 1108 (N.Y. App. Div. 2011)   Cited 26 times
    In Friel v. Papa, 87 AD3d 1108 (2nd Dept 2011) the court found that there was no waiver therein because the authorization signed by the employee, used by his employer to obtain the records, had been very narrowly drawn.

  4. Ewing v. ADF Construction Corp.

    16 A.D.3d 1085 (N.Y. App. Div. 2005)   Cited 26 times

    CA 04-01645. March 18, 2005. Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered May 11, 2004. The order, insofar as appealed from, granted plaintiffs' motion seeking partial summary judgment on the issue of liability under Labor Law § 240 (1) and denied in part defendant's cross motion seeking summary judgment dismissing the complaint in a personal injury action. Before: Hurlbutt, J.P., Scudder, Kehoe, Pine and Hayes, JJ. It is hereby ordered that the order so

  5. Thome v. Benchmark Main Transit Associates

    86 A.D.3d 938 (N.Y. App. Div. 2011)   Cited 17 times   1 Legal Analyses
    Reversing order finding for plaintiff on summary judgment where triable issue of fact existed as to whether the "plaintiff's actions were the sole proximate cause of his injuries."

  6. Mcnabb v. Oot Bros.

    64 A.D.3d 1237 (N.Y. App. Div. 2009)   Cited 18 times

    No. CA 09-00024. July 10, 2009. Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered May 2, 2008 in a personal injury action. The order granted the motion of defendant Oot Bros., Inc. for summary judgment, granted in part the motion of defendants Bryan Place and Jacqueline Place for summary judgment, and granted the cross motion of defendant Build Your Own Home, LLC for summary judgment. ERNEST D. SANTORO, ESQ., P.C., ROCHESTER (JAMES R. SULLIVAN

  7. Joseph v. Kenneth G. Kasper et al

    83 A.D.3d 1553 (N.Y. App. Div. 2011)   Cited 16 times

    April 29, 2011. Appeal and cross appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered June 10, 2010. The order, among other things, denied those parts of plaintiffs motion and defendants' cross motion seeking partial summary judgment, and granted that part of defendants' cross motion seeking a stay. Present — Centra, J.P., Fahey, Lindley, Gorski and Martoche, JJ. It is hereby ordered that the order so appealed from is unanimously modified on the law by

  8. Bahrman v. Holtsville Fire District

    270 A.D.2d 438 (N.Y. App. Div. 2000)   Cited 20 times

    Argued January 18, 2000. March 27, 2000. In an action to recover damages for personal injuries, (1) the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 15, 1999, as denied that branch of his motion which was for summary judgment on the issue of liability under Labor Law § 240 Lab.(1), and (2) the defendants Holtsville Fire District and Holtsville Fire Department appeal from so much of the same order as denied their

  9. Kassis v. Teachers' Ins. and Annuity Ass'n

    13 A.D.3d 165 (N.Y. App. Div. 2004)   Cited 12 times

    4900. December 14, 2004. Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered January 6, 2004, which, to the extent appealed from, reduced the principal amount of the jury verdict against defendants Teachers', Cauldwell-Wingate, Civetta/Cousins and Atlantic from $1,700,000 to $1,550,000, unanimously affirmed, with costs. Before: Nardelli, J.P., Tom, Saxe, Friedman and Sweeny, JJ. Plaintiffs are not entitled to prejudgment interest. The purpose of prejudgment interest is to compensate

  10. Andrews v. Ryan Homes, Inc.

    27 A.D.3d 1197 (N.Y. App. Div. 2006)   Cited 2 times

    CA 05-01562. March 17, 2006. Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered December 10, 2004 in a personal injury action. The order granted plaintiff's motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1). BARTH, SULLIVAN BEHR, LLP, BUFFALO (LAURENCE D. BEHR OF COUNSEL), FOR DEFENDANT-APPELLANT. SMITH, KELLER, MINER O'SHEA, BUFFALO (PHILIP J. O'SHEA, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Before: Hurlbutt

  11. Section R3212 - Motion for summary judgment

    N.Y. C.P.L.R. § 3212   Cited 33,966 times
    Providing for motions for summary judgment

  12. Section 240 - Scaffolding and other devices for use of employees

    N.Y. Lab. Law § 240   Cited 9,824 times   9 Legal Analyses
    Requiring "proper protection"

  13. Section 2201 - Stay

    N.Y. CPLR 2201   Cited 1,121 times
    Providing that a stay should be granted "upon such terms as may be just"