§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

19 Cited authorities

  1. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,782 times   9 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."

  2. 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"

  3. Narducci v. Manhasset Bay Assoc

    96 N.Y.2d 259 (N.Y. 2001)   Cited 1,155 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

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

    2011 N.Y. Slip Op. 7477 (N.Y. 2011)   Cited 536 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.

  5. Robinson v. East Medical Center

    2006 N.Y. Slip Op. 2457 (N.Y. 2006)   Cited 456 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

  6. Misseritti v. Mark IV Construction Co.

    86 N.Y.2d 487 (N.Y. 1995)   Cited 410 times   2 Legal Analyses
    Holding that the collapse of a completed fire wall was not the type of accident contemplated by 240

  7. Chimarios v. Duhl

    152 A.D.2d 508 (N.Y. App. Div. 1989)   Cited 264 times
    Holding that "the movant has the burden of showing that the convenience of material witnesses would be better served by such a change"

  8. McLean v. 405 Webster Ave. Assocs.

    98 A.D.3d 1090 (N.Y. App. Div. 2012)   Cited 83 times   1 Legal Analyses
    In McLean, the plaintiff was working in a dumbwaiter shaft when he was struck by the counterweight, which fell due to the fragile condition of the ropes used in the pulley system.

  9. Marin v. Ap-Amsterdam 1661 Park

    60 A.D.3d 824 (N.Y. App. Div. 2009)   Cited 66 times
    In Marin, plaintiff had fully and permanently installed metal brackets to fasten the top of a vertical drain pipe on the exterior of the building and then was installing lower metal brackets at the base of the drain pipe.

  10. Quattrocchi v. F.J. Sciame

    44 A.D.3d 377 (N.Y. App. Div. 2007)   Cited 69 times
    In Quattrocchi, there was some question about the plaintiff's own action and, while the defendant's Labor Law § 240(1) liability was to be resolved at trial, it could not be excluded based upon the undisputed facts.

  11. Section 240 - Scaffolding and other devices for use of employees

    N.Y. Lab. Law § 240   Cited 9,761 times   9 Legal Analyses
    Requiring "proper protection"

  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