§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

12 Cited authorities

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

    1 N.Y.3d 280 (N.Y. 2003)   Cited 1,761 times   2 Legal Analyses
    Holding that "an accident alone does not establish a Labor Law § 240 violation"

  2. Runner v. New York Stock Exchange

    2009 N.Y. Slip Op. 9310 (N.Y. 2009)   Cited 1,009 times   21 Legal Analyses
    Explaining that § 240 “was designed to prevent those types of accidents in which the scaffold, hoist, stay, ladder or other protective device proved inadequate to shield the injured worker from harm directly flowing from the application of the force of gravity to an object or person”

  3. Gordon v. Eastern Ry. Supply

    82 N.Y.2d 555 (N.Y. 1993)   Cited 893 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

  4. Zimmer v. Performing Arts

    65 N.Y.2d 513 (N.Y. 1985)   Cited 1,051 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"

  5. Klein v. City of New York

    89 N.Y.2d 833 (N.Y. 1996)   Cited 611 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).

  6. 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).

  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. Striegel v. Hillcrest Heights Dev. Corp.

    100 N.Y.2d 974 (N.Y. 2003)   Cited 114 times
    In Striegel, the Court of Appeals concluded by stating: "In short, plaintiff was subject to an elevation-related risk while working on this particular roof, and he was not provided with any safety devices.

  9. Hagins v. State of New York

    81 N.Y.2d 921 (N.Y. 1993)   Cited 90 times
    In Hagins, "[c]laimant was injured when he fell from the top of an unfinished abutment wall that rose some 15 feet above a road construction site."

  10. Klein v. City of New York

    222 A.D.2d 351 (N.Y. App. Div. 1995)   Cited 43 times

    December 28, 1995 Appeal from the Supreme Court, New York County (Jane Solomon, J.). This is a claim pursuant to Labor Law § 240 (1) in which plaintiff asserts that he was injured in a fall from a ladder while working in the north odor control room at the North River Pollution Plant, which is owned and operated by defendant City of New York. Plaintiff, employed as an electrician by third-party defendant Michael Mazzeo Electric Co., was using an ordinary extension ladder owned by the New York City