§Why CasetextPricing

Rafael Batista, Appellant,v.Manhattanville College, et al., Respondents, The Female Academy of the Sacred Heart, Defendant.

Brief

47 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,214 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

  2. Vega v. Restani Constr. Corp.

    2012 N.Y. Slip Op. 1148 (N.Y. 2012)   Cited 2,811 times   1 Legal Analyses
    Affirming denial of summary judgment

  3. Ross v. Curtis-Palmer

    81 N.Y.2d 494 (N.Y. 1993)   Cited 3,600 times
    Holding that plaintiff's "§ 241 claim must fail because of the inadequacy of his allegations regarding the regulations defendants purportedly breached"

  4. Blake v. Neighborhood Hous. Serv. of N.Y.C.

    1 N.Y.3d 280 (N.Y. 2003)   Cited 1,772 times   2 Legal Analyses
    Holding that "an accident alone does not establish a Labor Law § 240 violation"

  5. Cahill v. Triborough

    4 N.Y.3d 35 (N.Y. 2004)   Cited 713 times   1 Legal Analyses
    Finding that the worker's actions constituted negligence and a jury could have found his negligence to be the sole cause of his injuries

  6. Ortiz v. Varsity Holdings, LLC

    2011 N.Y. Slip Op. 9161 (N.Y. 2011)   Cited 492 times
    Denying the plaintiff's cross motion for summary judgment on his § 240 claim where there is any issue of fact as to whether there is an enumerated safety device that could have prevented his fall

  7. Zimmer v. Performing Arts

    65 N.Y.2d 513 (N.Y. 1985)   Cited 1,053 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"

  8. Robinson v. East Medical Center

    2006 N.Y. Slip Op. 2457 (N.Y. 2006)   Cited 458 times   2 Legal Analyses
    Affirming summary judgment where eight-foot ladders were available and adequate to prevent plaintiff's injuries because the sole proximate cause of plaintiff's injuries was his misuse of a six-foot ladder

  9. Weininger v. Hagedorn Company

    91 N.Y.2d 958 (N.Y. 1998)   Cited 265 times
    Finding that worker running computer and telephone cables through ceiling to new office space was engaged in altering a structure

  10. Montgomery v. Federal Express Corporation

    4 N.Y.3d 805 (N.Y. 2005)   Cited 201 times   1 Legal Analyses
    Granting defendants' motion for summary judgment dismissing plaintiff's section 240 claim, where plaintiff's use of a bucket to ascend a rooftop, and a leap to descend, was not a "normal and logical response," as a ladder was available

  11. Section 23-1.7 - Protection from general hazards

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.7   Cited 1,721 times   52 Legal Analyses
    Relating to slipping hazards

  12. Section 23-1.5 - General responsibility of employers

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.5   Cited 492 times   2 Legal Analyses
    Reciting certain general conditions

  13. Section 23-1.21 - Ladders and ladderways

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.21   Cited 343 times   4 Legal Analyses
    Requiring all ladder footings to be firm

  14. Section 23-1.16 - Safety belts, harnesses, tail lines and lifelines

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.16   Cited 227 times

    (a) Approval required. Safety belts, harnesses and all special devices for attachment to hanging lifelines shall be approved. (b) Attachment required. Every approved safety belt or harness provided or furnished to an employee for his personal safety shall be used by such employee in the performance of his work whenever required by this Part (rule) and whenever so directed by his employer. At all times during use such approved safety belt or harness shall be properly attached either to a securely

  15. Section 23-5.1 - General provisions for all scaffolds

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-5.1   Cited 198 times   1 Legal Analyses

    (a) Scope of this Subpart. The provisions of this Subpart pertaining to all scaffolds used in construction and demolition operations shall not be construed or applied in contravention of the special provisions pertaining to specific types of scaffolds hereinafter set forth. (b) Scaffold footing or anchorage. The footing or anchorage for every scaffold erected on or supported by the ground, grade or equivalent surface shall be sound, rigid, capable of supporting the maximum load intended to be imposed

  16. Section 23-1.30 - Illumination

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.30   Cited 153 times

    Illumination sufficient for safe working conditions shall be provided wherever persons are required to work or pass in construction, demolition and excavation operations, but in no case shall such illumination be less than 10 foot candles in any area where persons are required to work nor less than five foot candles in any passageway, stairway, landing or similar area where persons are required to pass. N.Y. Comp. Codes R. & Regs. Tit. 12 § 23-1.30

  17. Section 23-1.15 - Safety railing

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.15   Cited 150 times

    Whenever required by this Part (rule), a safety railing shall consist as a minimum of an assembly constructed as follows: (a) A two inch by four inch horizontal wooden hand rail, not less than 36 inches nor more than 42 inches above the walking level, securely supported by two inch by four inch vertical posts at intervals of not more than eight feet. (b) A one inch by four inch horizontal midrail. (c) A one inch by four inch toeboard except when such safety railing is installed at grade or ground

  18. Section 23-6.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-6.1   Cited 109 times   1 Legal Analyses

    (a)Application of Subpart. The general requirements of this Subpart shall apply to all material hoisting equipment except cranes, derricks, aerial baskets, excavating machines used for material hoisting and fork lift trucks. (b)Maintenance. Material hoisting equipment shall at all times be maintained in good repair and proper operating condition with sufficient inspections to insure such maintenance. All defects affecting safety shall be immediately corrected either by necessary repairs or replacement

  19. Section 23-1.17 - Life nets

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.17   Cited 81 times

    (a) Approval required. Any life net used in construction or demolition operations shall be approved. (b) Materials and construction. Approved life nets shall be made of first grade fibre cordage, woven fabric or synthetic fibre and all such materials shall be treated to render them fire resistant; or such approved life nets shall be constructed of wire rope. An approved life net shall have a mesh not exceeding four inches. The perimeter of every life net shall be reinforced with cloth- covered wire

  20. Section 23-5.18 - Manually-propelled mobile scaffolds

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-5.18   Cited 54 times   1 Legal Analyses

    (a) Platform planking. Scaffold platforms for manually-propelled mobile scaffolds shall be tightly planked for the full width of the scaffolds except for necessary access openings. Such planking shall consist of planks not less than two inches thick full size, exterior grade plywood at least three-quarters inch thick or material of equivalent strength. (b) Safety railings required. The platform of every manually-propelled mobile scaffold shall be provided with a safety railing constructed and installed