§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

19 Cited authorities

  1. Ross v. Curtis-Palmer

    81 N.Y.2d 494 (N.Y. 1993)   Cited 3,587 times
    Holding that plaintiff's "§ 241 claim must fail because of the inadequacy of his allegations regarding the regulations defendants purportedly breached"

  2. Blake v. Neighborhood Hous. Serv. of N.Y.C.

    1 N.Y.3d 280 (N.Y. 2003)   Cited 1,757 times   2 Legal Analyses
    Holding that "an accident alone does not establish a Labor Law § 240 violation"

  3. Rocovich v. Consol Edison Co.

    78 N.Y.2d 509 (N.Y. 1991)   Cited 1,695 times
    Holding that "[i]t is an accepted rule that all parts of a statute are intended to be given effect and that a statutory construction which renders one part meaningless should be avoided"

  4. Narducci v. Manhasset Bay Assoc

    96 N.Y.2d 259 (N.Y. 2001)   Cited 1,149 times   6 Legal Analyses
    Affirming summary judgment where falling glass injured plaintiff because material was not being hoisted nor was it part of a load that required securing for purposes of the work being undertaken

  5. Gordon v. Eastern Ry. Supply

    82 N.Y.2d 555 (N.Y. 1993)   Cited 890 times
    Holding that defendants were liable under Labor Law § 240 for plaintiffs fall and injury occasioned by an allegedly defective sandblaster where such injuries were the foreseeable result of the failure to provide plaintiff with a safe scaffold or ladder while sandblasted a railway car from a ladder

  6. 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

  7. 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).

  8. Cohen v. Mem. Sloan-Kettering

    11 N.Y.3d 823 (N.Y. 2008)   Cited 41 times
    Finding that Labor Law Section 240 did not apply where injuries sustained by a worker while installing pipe racks in ceiling when he attempted to climb off a ladder and fell due to protruding pipes from a nearby unfinished wall because injuries were a result of the usual and ordinary dangers at a construction site not elevation-related hazard

  9. Duda v. John W. Rouse Construction Corp.

    32 N.Y.2d 405 (N.Y. 1973)   Cited 87 times   1 Legal Analyses
    In Duda v Rouse Constr. Corp. (32 N.Y.2d 405), in which an employee of a subcontractor sought to impose absolute liability upon a general contractor under Labor Law § 240 (1) for injuries suffered when he fell from a scaffold, the Court of Appeals explained the term "directing" for purposes of the statute, as follows: "`Directing' * * * means just that; for one person to be `directed' by another, there must be supervision of the manner and method of the work to be performed.

  10. 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

  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review

  12. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation