§Why CasetextPricing

Glenford Morris, Respondent,v.Pavarini Construction, et al., Appellants.

Brief

18 Cited authorities

  1. Ross v. Curtis-Palmer

    81 N.Y.2d 494 (N.Y. 1993)   Cited 3,595 times
    Holding that plaintiff's "§ 241 claim must fail because of the inadequacy of his allegations regarding the regulations defendants purportedly breached"

  2. Rocovich v. Consol Edison Co.

    78 N.Y.2d 509 (N.Y. 1991)   Cited 1,699 times
    Holding that "[i]t is an accepted rule that all parts of a statute are intended to be given effect and that a statutory construction which renders one part meaningless should be avoided"

  3. Allen v. Cloutier Constr

    44 N.Y.2d 290 (N.Y. 1978)   Cited 403 times
    Holding that under §241, a general contractor has "absolute" responsibility for the safety of a workplace "irrespective of their control or supervision of the construction site"

  4. Matter of Albano v. Kirby

    36 N.Y.2d 526 (N.Y. 1975)   Cited 233 times

    Argued March 19, 1975 Decided May 7, 1975 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH LIFF, J. Frederick Fagelson for appellant. George W. Percy, Jr., County Attorney (Patrick A. Sweeney of counsel), for respondents. COOKE, J. We review here the discharge of a social services investigator at the end of his 16th week of service, following his appointment from a competitive civil service list for a probationary term of 26 weeks, under county civil

  5. Rangolan v. County of Nassau

    96 N.Y.2d 42 (N.Y. 2001)   Cited 99 times
    In Rangolan v. County of Nassau (96 NY2d 42), this Court held that CPLR 1602 (2) (iv) did not preclude apportionment when a defendant's liability arose from a nondelegable duty because the subsection was a savings provision and not an exception.

  6. Nostrom v. A.W. Chesterton Co.

    2010 N.Y. Slip Op. 8385 (N.Y. 2010)   Cited 66 times
    Holding that "owners and contractors may be vicariously liable based on violations of part 23 regulations."

  7. McCormick v. Genesee

    78 A.D.3d 1581 (N.Y. App. Div. 2010)   Cited 40 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.

  8. People v. Giordano

    87 N.Y.2d 441 (N.Y. 1995)   Cited 58 times
    Finding N.Y.Crim. Proc. Law § 20.60 "provides that oral statements made over the telephone are deemed to be statements made in both the sending and receiving counties"

  9. Branford House v. Michetti

    81 N.Y.2d 681 (N.Y. 1993)   Cited 38 times

    Argued September 8, 1993 Decided October 12, 1993 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Karla Moskowitz, J. Szold Brandwen, P.C., New York City (Alan G. Blumberg, Eric J. Weisberg and Robert I. Goodman of counsel), for appellants. O. Peter Sherwood, Corporation Counsel of New York City (Timothy J. O'Shaughnessy and Kristin M. Helmers of counsel), for respondents. HANCOCK, JR., J. This proceeding involves a limited-profit (or Mitchell-Lama) housing

  10. Staskal v. Wausau General Ins. Co.

    2005 WI App. 216 (Wis. Ct. App. 2005)   Cited 15 times

    No. 2004AP663. Submitted on briefs May 23, 2005. Decided September 1, 2005. APPEAL from a judgment of the circuit court for Dane County: DIANE M. NICKS, Judge. Affirmed. On behalf of the defendants-appellants, the cause was submitted on the briefs of Lori M. Lubinsky, Axley, Brynelson, LLP, Madison; John W. Patton, Jr., Patton Ryan, Chicago, Illinois; and Edward M. Kay and Barbara I. Michaelides, Clausen Miller P.C., Chicago, Illinois. On behalf of the plaintiffs-respondents, the cause was submitted

  11. Section 5602 - Appeals to the court of appeals by permission

    N.Y. CPLR 5602   Cited 1,154 times
    Discussing appeals by permission to New York Court of Appeals

  12. Section 5713 - Content of order granting permission to appeal to court of appeals

    N.Y. CPLR 5713   Cited 288 times

    When the appellate division grants permission to appeal to the court of appeals, its order granting such permission shall state that questions of law have arisen which in its opinion ought to be reviewed. When the appeal is from a non-final order, the order granting such permission shall also state that the findings of fact have been affirmed, or reversed or modified and new findings of fact made, or have not been considered, shall specify the findings of fact which have been reversed or modified

  13. Section 23-2.2 - Concrete work

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-2.2   Cited 61 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

  14. Section 23-2.3 - Structural steel assembly

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-2.3   Cited 40 times   1 Legal Analyses

    (a) Placing of structural members. (1) During the final placing of structural steel members, loads shall not be released from hoisting ropes until such members are securely fastened in place. Structural steel members shall not be forced into place by hoisting machines while any person is so located that he may be injured thereby. (2) Open web steel joists that are hoisted singly shall be transferred from their place of storage directly to their permanent location and secured against dislodgment.

  15. Section 23-2.6 - Catch platforms required

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-2.6   Cited 10 times

    (a) During the construction of exterior masonry walls of any building or other structure, except chimneys, from a floor or scaffold inside the building or other structure and such floor or scaffold is more than 35 feet above the adjoining ground or equivalent surface, there shall be provided along the exterior face of such wall a catch platform, installed in compliance with this Part (rule) with the following exceptions: (1) In lieu of the required barricade or fence on all open sides of the catch

  16. 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