11 Cited authorities

  1. Ross v. Curtis-Palmer

    81 N.Y.2d 494 (N.Y. 1993)   Cited 3,039 times
    Holding that plaintiff's "§ 241 claim must fail because of the inadequacy of his allegations regarding the regulations defendants purportedly breached"
  2. Zimmer v. Performing Arts

    65 N.Y.2d 513 (N.Y. 1985)   Cited 922 times
    Holding that owners/contractors are liable under Labor Law section 240 where they failed to provide any safety devices for workers at a building site, and the absence of such devices is the proximate cause of injury to a worker"
  3. Morris v. Pavarini Constr

    2007 N.Y. Slip Op. 5776 (N.Y. 2007)   Cited 75 times
    In Morris, defendant's engineer suggested that the forms could have been tied together with straps to secure them to each other, but offered no further explanation of what should have been done, and defendants submitted no expert testimony.
  4. Kane v. Coundorous

    293 A.D.2d 309 (N.Y. App. Div. 2002)   Cited 53 times

    5092 April 11, 2002. Judgment, Supreme Court, Bronx County (Alan Saks, J.), entered May 12, 2000, which, to the extent appealed from as limited by the briefs, dismissed the complaint against defendants Peter Coundorous and P.C.S.B. prior to trial and against defendants 229 Columbus Avenue Associates and Buchbinder Warren following trial upon a jury verdict, unanimously reversed, on the law, without costs, the complaint reinstated to the extent it asserts causes of action for liability under Labor

  5. McCormick v. Genesee

    78 A.D.3d 1581 (N.Y. App. Div. 2010)   Cited 34 times   1 Legal Analyses
    In McCormick v. 257 W. Genesee, LLC, 78 A.D.3d 1581, 913 N.Y.S.2d 435 [2010], the plaintiff tripped and fell on a protruding pin workers had stored on a form at the site.
  6. Amato v. State of New York

    241 A.D.2d 400 (N.Y. App. Div. 1997)   Cited 51 times

    July 24, 1997 Appeal from the Court of Claims (Christopher Mega, J.). There is no dispute as to the relevant facts here and the questions raised were ripe for determination on summary judgment. We find that the facts clearly show that plaintiff's injury did not fall within the scope of Labor Law § 240 (1) and § 241 (6). "[S]ection 240 (1) imposes absolute liability on owners, contractors and their agents for any breach of the statutory duty [to provide adequate safety devices] which has proximately

  7. Millard v. City of Ogdensburg

    274 A.D.2d 953 (N.Y. App. Div. 2000)   Cited 23 times

    July 7, 2000. Appeals from Order of Supreme Court, Lewis County, Parker, J. — Summary Judgment. PRESENT: GREEN, J.P., HAYES, HURLBUTT AND KEHOE, JJ. Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiffs commenced this action alleging violations of Labor Law § 241 Lab. (6) and § 200 Lab. and seeking, inter alia, damages for injuries sustained by plaintiff Stephen

  8. Morris v. Pavarini Constr.

    98 A.D.3d 841 (N.Y. App. Div. 2012)   Cited 3 times   1 Legal Analyses

    2012-09-4 Glenford MORRIS, Plaintiff–Appellant, v. PAVARINI CONSTRUCTION, et al., Defendants–Respondents. Hill & Moin LLP, New York (Cheryl R. Eisberg Moin of counsel), for appellant. London Fischer LLP, New York (David B. Franklin of counsel), for respondents. TOM Hill & Moin LLP, New York (Cheryl R. Eisberg Moin of counsel), for appellant. London Fischer LLP, New York (David B. Franklin of counsel), for respondents. TOM, J.P., ANDRIAS, SAXE, MOSKOWITZ, ACOSTA, JJ. Order, Supreme Court, Bronx County

  9. People v. Orlando Hernandez

    83 A.D.3d 1581 (N.Y. App. Div. 2011)   Cited 2 times

    April 29, 2011. Appeal from a judgment of the Monroe County Court (John R. Schwartz, A.J.), rendered December 11, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the second degree. Present — Scudder, P.J., Fahey, Carni, Green and Gorski, JJ. It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated and the matter is remitted to Monroe County Court for further proceedings on the indictment. Memorandum: Defendant

  10. People ex Rel. Rubin v. Tax Comm

    9 A.D.2d 47 (N.Y. App. Div. 1959)   Cited 3 times

    August 13, 1959. Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department. Lynton Saslow ( Harold A. Axel, Bernard A. Saslow and Richard Rodwin of counsel), for relators. Louis J. Lefkowitz, Attorney-General ( Herman Nehlsen and Paxton Blair of counsel), for respondent. HERLIHY, J. The relators are the trustees mentioned herein. The relators were appointed trustees of the Hotel Windermere Trust by an order of the Supreme Court, pursuant to section 122-a Real Prop.

  11. Section 23-2.2 - Concrete work

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-2.2   Cited 39 times   1 Legal Analyses

    (a) General requirements. Forms, shores and reshores shall be structurally safe and shall be properly braced or tied together so as to maintain position and shape. (b) Inspection. Designated persons shall continuously inspect the stability of all forms, shores and reshores including all braces and other supports during the placing of concrete. Any unsafe condition shall be remedied immediately. (c) Beams, floors and roofs. (1) Necessary horizontal and diagonal bracing shall be provided in both longitudinal