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Allison Gammons, Respondent,v.City of New York, et al., Appellants.

Brief

43 Cited authorities

  1. Transamerica Mortgage Advisors, Inc. v. Lewis

    444 U.S. 11 (1979)   Cited 1,332 times   6 Legal Analyses
    Holding that Congress did not provide a private right of action for § 80b-6 because the statute expressly provided other means of enforcing compliance with its terms

  2. Lombardi v. Stout

    80 N.Y.2d 290 (N.Y. 1992)   Cited 944 times
    Finding that where plaintiff fell from a ladder while removing tree branches, the accident arose from the manner plaintiff conducted his work, and not from a dangerous condition

  3. Crane v. Conoco, Inc.

    41 F.3d 547 (9th Cir. 1994)   Cited 398 times
    Noting no private right of action under OSHA

  4. Williams v. City of New York

    2 N.Y.3d 352 (N.Y. 2004)   Cited 122 times
    Discussing General Municipal Law § 205-e, the sister provision of section 205-a

  5. Santangelo v. State of N.Y

    71 N.Y.2d 393 (N.Y. 1988)   Cited 175 times
    Holding that the firefighter's rule barred suit by two police officers against state employees for injuries suffered in the course of subduing a mental patient who had escaped from a mental hospital as a result of negligent supervision

  6. New York State Law Enforcement Employees

    64 N.Y.2d 233 (N.Y. 1984)   Cited 179 times
    Discussing separation of powers of government of State of New York

  7. Gilson v. Metropolitan Opera

    2005 N.Y. Slip Op. 8846 (N.Y. 2005)   Cited 98 times

    160. Argued October 19, 2005. Decided November 22, 2005. APPEAL from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered January 11, 2005. The Appellate Division, with two Justices dissenting, (1) reversed, on the law, an order of the Supreme Court, Bronx County (Janice L. Bowman, J.), which, insofar as appealed from, had denied a motion by defendant Metropolitan Opera to dismiss the complaint as against it or in the alternative for summary judgment dismissing

  8. Galapo v. City of New York

    95 N.Y.2d 568 (N.Y. 2000)   Cited 91 times
    In Galapo v. City of New York, 95 N.Y.2d 568 (2000), the New York Court of Appeals addressed the issue of what constitutes a statute, ordinance, or rule which can serve as the basis for an action under GML 205-e.

  9. Cusumano v. City of New York

    2010 N.Y. Slip Op. 7250 (N.Y. 2010)   Cited 61 times

    No. 161. Argued September 16, 2010. Decided October 14, 2010. APPEAL, by permission of the Appellate Division of the Supreme Court in the Second Judicial Department, from an order of that Court, entered April 7, 2009. The Appellate Division (1) modified, on the law, the facts and in the exercise of discretion, a judgment of the Supreme Court, Queens County (Patricia E Satterfield, J.), which had awarded plaintiffs damages against defendant in the principal sum of $1,700,000; and (2) modified an order

  10. Matter of Sutka v. Conners

    73 N.Y.2d 395 (N.Y. 1989)   Cited 105 times
    Stating that courts are bound to give effect to the intent of the legislature as expressed, first, in the text of the statute and, second, in the "such facts . . . as may . . . legitimately reveal [legislators' intent]"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,542 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 651 - Congressional statement of findings and declaration of purpose and policy

    29 U.S.C. § 651   Cited 1,486 times   19 Legal Analyses
    Noting the OSH Act arose from concern surrounding "personal injuries and illnesses arising out of work situations"

  13. Section 654 - Duties of employers and employees

    29 U.S.C. § 654   Cited 608 times   98 Legal Analyses
    Requiring employers to "comply with occupational safety and health standards promulgated under this chapter"

  14. Section 653 - Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination of Federal laws; workmen's compensation law or common law or statutory rights, duties, or liabilities of employers and employees unaffected

    29 U.S.C. § 653   Cited 360 times   4 Legal Analyses
    Establishing that nothing in the OSHA statute "shall be construed to ... enlarge or diminish or affect in any other manner the common law or statutory rights, duties or liabilities of employers and employees under any law ..."

  15. Section 800.3 - Adoption of standards

    N.Y. Comp. Codes R. & Regs. tit. 12 § 800.3   Cited 14 times

    The Commissioner of Labor adopts, as the occupational safety and health standards for the protection of the safety and health of public employees, all of the standards in the below-listed parts of title 29 of the Code of Federal Regulations: Part 1910-General Industry Standards; July 1, 2021 edition, with the exception of section 1910.1000 -Air Contaminants, which is addressed by section 800.5 of this Part, and the exception of subpart U. Part 1915-Shipyard Employment Standards; July 1, 2021 edition