§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

31 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,214 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

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

    1 N.Y.3d 280 (N.Y. 2003)   Cited 1,772 times   2 Legal Analyses
    Holding that "an accident alone does not establish a Labor Law § 240 violation"

  3. Cahill v. Triborough

    4 N.Y.3d 35 (N.Y. 2004)   Cited 713 times   1 Legal Analyses
    Finding that the worker's actions constituted negligence and a jury could have found his negligence to be the sole cause of his injuries

  4. Gordon v. Eastern Ry. Supply

    82 N.Y.2d 555 (N.Y. 1993)   Cited 895 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

  5. Zimmer v. Performing Arts

    65 N.Y.2d 513 (N.Y. 1985)   Cited 1,053 times
    Holding that owners/contractors are liable under Labor Law section 240 where they failed to provide any safety devices for workers at a building site, and the absence of such devices is the proximate cause of injury to a worker"

  6. Klein v. City of New York

    89 N.Y.2d 833 (N.Y. 1996)   Cited 613 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).

  7. Broggy v. Rockefeller Group

    2007 N.Y. Slip Op. 5775 (N.Y. 2007)   Cited 159 times   2 Legal Analyses
    Affirming the dismissal of the Labor Law § 240 claim where plaintiff failed to establish that his job of cleaning interior windows obligated him to work at an elevation

  8. Stolt v. General Foods Corporation

    81 N.Y.2d 918 (N.Y. 1993)   Cited 221 times
    In Stolt, the Court of Appeals noted that "an instruction by the employer or owner to avoid using unsafe equipment or engaging in unsafe practices is not itself a safety device.'"

  9. Salazar v. Novalex Contracting Corp.

    2011 N.Y. Slip Op. 8446 (N.Y. 2011)   Cited 130 times
    In Salazar, the plaintiff fell after his foot got stuck inside a hole at the bottom of a trench as he was raking freshly poured concrete (id. at 138).

  10. 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).

  11. Section 23-1.7 - Protection from general hazards

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.7   Cited 1,721 times   52 Legal Analyses
    Relating to slipping hazards

  12. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 539 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

  13. Section 23-1.4 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.4   Cited 370 times   3 Legal Analyses
    Defining demolition work to include the "total or partial dismantling . . . of a building or other structure including the removing or dismantling of machinery or other equipment"

  14. Section 23-1.21 - Ladders and ladderways

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.21   Cited 343 times   4 Legal Analyses
    Requiring all ladder footings to be firm

  15. Section 23-5.22 - Stilts

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-5.22   Cited 10 times

    (a) Limited use. (1) Stilts shall be used only for the work of taping joints in wallboard used for wall and ceiling construction, commonly known as "dry wall" construction. The use of stilts for any other purpose is prohibited. (2) Stilts shall be used only by competent persons who have voluntarily agreed to their use. The use of stilts shall not be at the direction of or at the request of, expressed or implied, any employer. Any person who uses stilts in the performance of such taping work shall