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
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
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
September 13, 1990 Appeal from the Supreme Court, New York County (Karla Moskowitz, J.). A motion for summary judgment, irrespective of by whom it was made, empowers a court to search the record and award judgment where appropriate. (Fertico Belgium v. Phosphate Chems. Export Assn., 100 A.D.2d 165, 171, appeal dismissed 62 N.Y.2d 802.) Our review of the record, including plaintiff GHR Energy Corp.'s admission, contained in its answer to interrogatories, that the written agreements between the parties
No. 1265. Decided January 9, 2007. Appeal from the 1st Dept: 30 AD3d 177. Motions for Leave to Appeal granted.
November 24, 1992 Appeal from the Supreme Court, New York County (Diane A. Lebedeff, J.). Defendant-appellant's contention that he was defrauded by plaintiff's failure to disclose certain liabilities of the business plaintiff sold to him is not borne out by the record, which shows that defendant had been responsible for and knowledgeable of the financial affairs of the business since its inception. Indeed, the purchase agreement recited that defendant buyer had been primarily responsible for the
Notwithstanding the provisions of any general law other than this chapter or of any special law to the contrary, each board of supervisors shall fix the salary of all officers paid from county funds, except the members of the judiciary. Such salary shall be in lieu of all fees, percentages, emoluments or other forms of compensation payable for services rendered in the performance of the powers and duties of the office; provided however, that any such officer (1) required by law to reside at a county
(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