25 Cited authorities

  1. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,708 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. Winegrad v. N.Y. Univ. Medical Center

    64 N.Y.2d 851 (N.Y. 1985)   Cited 17,995 times   8 Legal Analyses
    Reversing the motion court's order granting the defendants' cross-motion for summary judgment where they failed to demonstrate, with admissible proof, that the claims against them should be dismissed
  3. Ross v. Curtis-Palmer

    81 N.Y.2d 494 (N.Y. 1993)   Cited 3,573 times
    Holding that plaintiff's "§ 241 claim must fail because of the inadequacy of his allegations regarding the regulations defendants purportedly breached"
  4. Blake v. Neighborhood Hous. Serv. of N.Y.C.

    1 N.Y.3d 280 (N.Y. 2003)   Cited 1,750 times   2 Legal Analyses
    Holding that "an accident alone does not establish a Labor Law § 240 violation"
  5. Narducci v. Manhasset Bay Assoc

    96 N.Y.2d 259 (N.Y. 2001)   Cited 1,143 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
  6. Russin v. Picciano Son

    54 N.Y.2d 311 (N.Y. 1981)   Cited 1,417 times   1 Legal Analyses
    Holding "[a]n implicit precondition to this duty to provide a safe place to work is that the party charged with that responsibility have the authority to control the activity bringing about the injury to enable it to avoid or correct an unsafe condition"
  7. Walls v. Turner Construction Company

    4 N.Y.3d 861 (N.Y. 2005)   Cited 446 times
    Finding defendant to be an agent because it had the authority to control the construction of scaffolding from which plaintiff fell
  8. Assaf v. Ropog Cab Corporation

    153 A.D.2d 520 (N.Y. App. Div. 1989)   Cited 550 times
    Approving plaintiff's objective medical evidence and detailed listing of injuries and of their effect
  9. Delahaye v. Saint Anns School

    40 A.D.3d 679 (N.Y. App. Div. 2007)   Cited 132 times
    In Delahaye, the plaintiff was injured on a construction site and commenced suit against the construction manager, Builders Group, among others.
  10. Barnett v. Smith

    64 A.D.3d 669 (N.Y. App. Div. 2009)   Cited 118 times

    No. 2008-07976. July 21, 2009. In an action to recover damages for personal injuries, the defendants Kathleen Smith and Steven Leventhal separately appeal from an order of the Supreme Court, Dutchess County (McCarty III, J.), dated August 7, 2008, which granted the plaintiff's motion for leave to renew and reargue her opposition to their separate motions for summary judgment dismissing the complaint insofar as asserted against each of them on the ground that the plaintiff did not sustain a serious