10 Cited authorities

  1. 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.
  2. McCoy v. Metropolitan Transp. Auth

    75 A.D.3d 428 (N.Y. App. Div. 2010)   Cited 14 times   1 Legal Analyses

    Nos. 3213, 3213A. July 1, 2010. Order, Supreme Court, New York County (Harold B. Beeler, J.), entered on or about September 22, 2009, which, after a framed-issue hearing, held that the subject piece of equipment that injured plaintiff Charles McCoy was a mobile crane within the meaning of Industrial Code (12 NYCRR) § 23-8.2, unanimously affirmed, without costs. Appeal from order, same court (Michael D. Stallman, J.), entered January 22, 2010, which denied defendants' motion, pursuant to CPLR 2221

  3. Giordano v. Forest City

    43 A.D.3d 1106 (N.Y. App. Div. 2007)   Cited 13 times
    In Giordano v. Forest City Ratner Companies, (43 AD3d 1106 [2007]), the plaintiff was in the process of creating a form into which concrete would later be poured when a gust of wind blew a piece of plywood into him, causing injuries.
  4. Mueller v. PSEG Power New York, Inc.

    83 A.D.3d 1274 (N.Y. App. Div. 2011)   Cited 9 times   1 Legal Analyses
    In Mueller v. PSEG Power N.Y., Inc., 83 A.D.3d 1274, 922 N.Y.S.2d 588 [2011], the plaintiff's accident occurred after workers had removed the forms from their vertical position and stacked them for disassembly and storage on the ground at the same elevation as the plaintiff.
  5. Mulvihill v. Brooklyn Law SCH

    22 Misc. 3d 1114 (N.Y. Sup. Ct. 2009)   Cited 4 times

    January 27, 2009. Knipel, J. Labor — Safe Place to Work.

  6. Ferretti v. Gotham Contractors

    2010 N.Y. Slip Op. 31883 (N.Y. Sup. Ct. 2010)

    116287/07. June 25, 2010. [EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] JOAN MADDEN, J. In this action to recover damages for the injuries allegedly sustained by plaintiff as the result of a workplace accident, defendant 125 West 31st Street Associates ("West 31st Street Associates") moves for summary judgment dismissing the complaint against it. Plaintiff opposes the motion. BACKGROUND Plaintiff sues to recover for damages under Labor Law §§ 240(1), 241(6), and 200

  7. Yellen v. Rockaway Realty Assocs

    243 A.D.2d 338 (N.Y. App. Div. 1997)   Cited 3 times

    October 21, 1997 Appeal from the Supreme Court, New York County (Norman Ryp, J.). In order to prevail on a claim that an owner or contractor breached the nondelegable duty imposed by Labor Law § 241 (6), plaintiff must prove that a specific provision of the Industrial Code was violated ( Comes v. New York State Elec. Gas Corp., 82 N.Y.2d 876, 878; Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501-502). The sections of the Industrial Code alleged by plaintiff to have been violated are inapplicable

  8. Section 240 - Scaffolding and other devices for use of employees

    N.Y. Lab. Law § 240   Cited 9,763 times   9 Legal Analyses
    Requiring "proper protection"
  9. Section 241 - Construction, excavation and demolition work

    N.Y. Lab. Law § 241   Cited 7,165 times   1 Legal Analyses
    Requiring areas being excavated to be constructed, shored, equipped, guarded, arranged, operated and conducted as to provide "reasonable and adequate protection and safety" to the persons employed therein
  10. 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