§Why CasetextPricing

Richard Fabrizi, Respondent,v.1095 Avenue of the Americas, L.L.C., et al., Appellants, Verizon New York, Inc., et al., Defendants. [And Other Actions]

Brief

22 Cited authorities

  1. Ross v. Curtis-Palmer

    81 N.Y.2d 494 (N.Y. 1993)   Cited 3,721 times   1 Legal Analyses
    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 1,839 times   2 Legal Analyses
    Holding that "an accident alone does not establish a Labor Law § 240 violation"

  3. Rocovich v. Consol Edison Co.

    78 N.Y.2d 509 (N.Y. 1991)   Cited 1,745 times
    Holding that "[i]t is an accepted rule that all parts of a statute are intended to be given effect and that a statutory construction which renders one part meaningless should be avoided"

  4. Narducci v. Manhasset Bay Assoc

    96 N.Y.2d 259 (N.Y. 2001)   Cited 1,208 times   6 Legal Analyses
    Affirming summary judgment where falling glass injured plaintiff because material was not being hoisted nor was it part of a load that required securing for purposes of the work being undertaken

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

    2011 N.Y. Slip Op. 7477 (N.Y. 2011)   Cited 573 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.

  6. Buckley v. Columbia

    44 A.D.3d 263 (N.Y. App. Div. 2007)   Cited 451 times
    Finding that § 23-2.1 does not apply to material and equipment that is properly stored

  7. Robinson v. East Medical Center

    2006 N.Y. Slip Op. 2457 (N.Y. 2006)   Cited 464 times   2 Legal Analyses
    Affirming summary judgment where eight-foot ladders were available and adequate to prevent plaintiff's injuries because the sole proximate cause of plaintiff's injuries was his misuse of a six-foot ladder

  8. Misseritti v. Mark IV Construction Co.

    86 N.Y.2d 487 (N.Y. 1995)   Cited 417 times   2 Legal Analyses
    Holding that the collapse of a completed fire wall was not the type of accident contemplated by 240

  9. Outar v. City of New York

    5 N.Y.3d 731 (N.Y. 2005)   Cited 242 times
    In Outar v. City of New York, 5 N.Y.3d 731, 799 N.Y.S.2d 770, 832 N.E.2d 1186 [2005], the Court of Appeals again implied that foreseeability was dispositive in determining the applicability of Labor Law § 240(1) to an accident that seemed far beyond the statute's purview.

  10. Quattrocchi v. F.J. Sciame Const

    2008 N.Y. Slip Op. 6736 (N.Y. 2008)   Cited 211 times
    In Quattrocchi, we articulated for the first time that liability is not limited to cases in which the falling object was in the process of being hoisted or secured (see 11 N.Y.3d at 759, 866 N.Y.S.2d 592, 896 N.E.2d 75). Next, in Runner, the Court had occasion to apply section 240(1) to novel factual circumstances that did not involve a falling worker or falling object (see 13 N.Y.3d at 605, 895 N.Y.S.2d 279, 922 N.E.2d 865).

  11. Section 5602 - Appeals to the court of appeals by permission

    N.Y. C.P.L.R. § 5602   Cited 1,180 times
    Discussing appeals by permission to New York Court of Appeals

  12. Section 5713 - Content of order granting permission to appeal to court of appeals

    N.Y. CPLR 5713   Cited 302 times

    When the appellate division grants permission to appeal to the court of appeals, its order granting such permission shall state that questions of law have arisen which in its opinion ought to be reviewed. When the appeal is from a non-final order, the order granting such permission shall also state that the findings of fact have been affirmed, or reversed or modified and new findings of fact made, or have not been considered, shall specify the findings of fact which have been reversed or modified

  13. 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