15 Cited authorities

  1. Ross v. Curtis-Palmer

    81 N.Y.2d 494 (N.Y. 1993)   Cited 2,930 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 1,414 times   1 Legal Analyses
    Holding that "an accident alone does not establish a Labor Law § 240 violation"
  3. Klein v. City of New York

    89 N.Y.2d 833 (N.Y. 1996)   Cited 561 times
    In Klein, the plaintiff sustained injuries when he fell from a ladder that slipped out from underneath him because the floor had recently been flooded with a slick and greasy water, and a “film” or “ ‘gunk’ ” residue remained (id. at 834, 652 N.Y.S.2d 723, 675 N.E.2d 458).
  4. Nieves v. Five Boro Air Conditioning & Refrigeration Corp.

    93 N.Y.2d 914 (N.Y. 1999)   Cited 167 times
    Holding "[t]he core objective of the statute in requiring protective devices for those working at heights is to allow them to complete their work safely and prevent them from falling. Where an injury results from a separate hazard wholly unrelated to the risk which brought about the need for the safety device in the first instance, no section 240 liability exists"
  5. Melber v. 6333 Main Street, Inc.

    91 N.Y.2d 759 (N.Y. 1998)   Cited 115 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).
  6. Marin v. Levin Properties

    28 A.D.3d 525 (N.Y. App. Div. 2006)   Cited 23 times

    2004-09546. April 11, 2006. In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Harkavy, J.), dated September 30, 2004, which denied that branch of their motion which was his motion for summary judgment on the issue of liability on his cause of action pursuant to Labor Law § 240 (1). Dalli Marino, LLP (Pollack, Pollack, Isaac De Cicco, New York, N.Y. [John Dalli and Brian J. Isaac] of counsel), for appellant. Ryan Gulino,

  7. Thome v. Benchmark Main Transit Associates

    86 A.D.3d 938 (N.Y. App. Div. 2011)   Cited 13 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."
  8. Masullo v. City

    253 A.D.2d 541 (N.Y. App. Div. 1998)   Cited 21 times

    August 31, 1998 Appeal from the Supreme Court, Kings County (Hutcherson, J.). Ordered that the order is affirmed insofar as appealed from, with costs. The plaintiff Angelo Masullo, an employee of the third-party defendant A.F.C. Enterprises, Inc. (hereinafter AFC), was injured at a pumping station owned by the defendant City of New York (hereinafter the City). AFC had been retained by the City for the purpose of replacing certain sewer pipes located at the pumping station. Having sustained injuries

  9. Bahrman v. Holtsville Fire District

    270 A.D.2d 438 (N.Y. App. Div. 2000)   Cited 19 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

  10. Medical Society v. State

    83 N.Y.2d 447 (N.Y. 1994)   Cited 22 times

    Argued February 16, 1994 Decided March 29, 1994 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Harold J. Hughes, Jr., J. Sidley Austin (Richard D. Raskin, Jack R. Bierig and Susan A. Weber of counsel, of the Illinois Bar, admitted pro hac vice), Gleason, Dunn, Walsh O'Shea, Albany (Thomas F. Gleason of counsel), and Donald R. Moy, Lake Success, for appellants. G. Oliver Koppell, Attorney-General, Albany (Frank K. Walsh, Jerry Boone and Peter H. Schiff of

  11. Section 23-1.7 - Protection from general hazards

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.7   Cited 1,348 times   51 Legal Analyses
    Relating to slipping hazards