§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

18 Cited authorities

  1. Wilinski v. 334 East 92nd Hous. Dev. Fund Corp.

    2011 N.Y. Slip Op. 7477 (N.Y. 2011)   Cited 540 times   10 Legal Analyses
    In Wilinski, the plaintiff was injured when demolition debris fell from a wall near the plaintiff's work site causing two ten-foot high unsecured metal pipes to topple onto him from a height of about four feet.

  2. 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

  3. 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).

  4. Weinberg v. Alpine

    48 A.D.3d 915 (N.Y. App. Div. 2008)   Cited 38 times

    No. 502257. February 21, 2008. Appeal from an order of the Supreme Court (Kramer, J.), entered May 31, 2006 in Schenectady County, which granted defendants' motion for summary judgment dismissing the complaint. Michael Braccini, Schenectady, for appellant. Pemberton Briggs, Schenectady (Paul Briggs of counsel), for respondents. Before: Cardona, P.J., Mercure, Peters and Carpinello, JJ. Spain, J. On May 1, 2001 plaintiff was injured when he slipped and fell from the third or fourth rung of a stepladder

  5. 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.

  6. 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."

  7. 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

  8. Arigo v. Spencer

    39 A.D.3d 1143 (N.Y. App. Div. 2007)   Cited 19 times

    No. 250 CA 06-03304. April 20, 2007. Appeal from an order of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered July 14, 2006. The order, insofar as appealed from, granted plaintiffs' motion seeking partial summary judgment and denied that part of the cross motion of defendant Randy J. Spencer seeking summary judgment dismissing the Labor Law § 241 (6) cause of action. MITCHELL GORIS STOKES, LLC, CAZENOVIA (BRENDAN J. REAGAN OF COUNSEL), FOR DEFENDANT-APPELLANT. BOTTAR LEONE, PLLC

  9. Hajderlli v. Wiljohn

    71 A.D.3d 416 (N.Y. App. Div. 2010)   Cited 9 times   1 Legal Analyses

    No. 2261. March 2, 2010. Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered August 31, 2009, which, insofar as appealed from, denied plaintiffs motion for partial summary judgment on the issue of defendants' liability under Labor Law § 240 (1), and granted defendants' motions for summary judgment dismissing the section 240 (1) claims, unanimously affirmed, without costs. Pollack, Pollack, Isaac DeCicco, New York (Brian J. Isaac of counsel), for appellant. McMAHON, Martine

  10. Taglioni v. Harbor Cove Associates

    308 A.D.2d 441 (N.Y. App. Div. 2003)   Cited 9 times

    2002-10544 Submitted May 22, 2003. September 8, 2003. In an action to recover damages for personal injuries, the defendant, Harbor Cove Associates, appeals from so much of an order of the Supreme Court, Suffolk County (Klein, J.), dated September 3, 2002, as granted the plaintiff's cross motion for summary judgment on the issue of liability pursuant to Labor Law § 240(1). O'Connor, O'Connor, Hintz Deveney, Melville, N.Y. (Michael T. Reagan of counsel), for appellant. Siben Ferber, LLP, Hauppauge

  11. 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

  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