21 Cited authorities

Alvarez v. Prospect Hosp
68 N.Y.2d 320 (N.Y. 1986) Cited 21,132 times 8 Legal Analyses
Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
Blake v. Neighborhood Hous. Serv. of N.Y.C.
1 N.Y.3d 280 (N.Y. 2003) Cited 1,757 times 2 Legal Analyses
Holding that "an accident alone does not establish a Labor Law § 240 violation"
Comes v. New York State Electric and Gas Corporation
82 N.Y.2d 876 (N.Y. 1993) Cited 1,751 times 1 Legal Analyses
Holding no liability under common law or Labor Law § 200 in absence of evidence of supervision or control
Ferrante v. Am. Lung Assn
90 N.Y.2d 623 (N.Y. 1997) Cited 939 times
Holding that "[i]t is not the court's function on a motion for summary judgment to assess credibility"
Russin v. Picciano Son
54 N.Y.2d 311 (N.Y. 1981) Cited 1,419 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"
Walls v. Turner Construction Company
4 N.Y.3d 861 (N.Y. 2005) Cited 447 times
Finding defendant to be an agent because it had the authority to control the construction of scaffolding from which plaintiff fell
Martin v. City of Cohoes
37 N.Y.2d 162 (N.Y. 1975) Cited 557 times
Stating that in the absence of strong countervailing public policy, parties may consent to the law that is to be applied to the case
Barreto v. Metro. Transp. Auth.
2015 N.Y. Slip Op. 3875 (N.Y. 2015) Cited 119 times
05-07-2015 Raul BARRETO, Appellant, et al., Plaintiff, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents. (And Third–Party Actions.). Gorayeb & Associates, P.C., New York City (John M. Shaw of counsel), for appellant. Wilson Elser Moskowitz Edelman & Dicker LLP, New York City (Patrick J. Lawless of counsel), for Metropolitan Transportation Authority and another, respondents. Zachary W. Carter, Corporation Counsel, New York City (Susan Paulson and Francis F. Caputo of counsel), for City
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.
Guanopatin v. Flushing Acquisition Holdings, LLC
127 A.D.3d 812 (N.Y. App. Div. 2015) Cited 33 times
In Guanopatin, plaintiff moved for summary judgment pursuant to Labor Law § 240(1) and defendant opposed the same, arguing that plaintiffs own actions, i.e., failing to obey specific instructions by his foreman, were the sole proximate cause of his injuries.

Joseph Bennett,, Appellant, et al., Plaintiff,v.Michael Hucke, et al., Defendants, Alan Kirk, et al., Respondents.

21 Cited authorities

Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

Holding that "an accident alone does not establish a Labor Law § 240 violation"

Holding no liability under common law or Labor Law § 200 in absence of evidence of supervision or control

Holding that "[i]t is not the court's function on a motion for summary judgment to assess credibility"

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"

Finding defendant to be an agent because it had the authority to control the construction of scaffolding from which plaintiff fell

Stating that in the absence of strong countervailing public policy, parties may consent to the law that is to be applied to the case

In Delahaye, the plaintiff was injured on a construction site and commenced suit against the construction manager, Builders Group, among others.

In Guanopatin, plaintiff moved for summary judgment pursuant to Labor Law § 240(1) and defendant opposed the same, arguing that plaintiffs own actions, i.e., failing to obey specific instructions by his foreman, were the sole proximate cause of his injuries.