§Why CasetextPricing

Kenneth J. Hecker, Appellant,v.State of New York, Respondent.

Brief

24 Cited authorities

  1. Ross v. Curtis-Palmer

    81 N.Y.2d 494 (N.Y. 1993)   Cited 3,613 times
    Holding that plaintiff's "§ 241 claim must fail because of the inadequacy of his allegations regarding the regulations defendants purportedly breached"

  2. Rizzuto v. L.A. Wenger Contracting Co., Inc.

    91 N.Y.2d 343 (N.Y. 1998)   Cited 1,941 times
    Holding that the jury could reasonably find “that someone within the chain of the construction project was negligent in not exercising reasonable care ... to ... remediate the hazard”

  3. Dalanna v. City of New York

    308 A.D.2d 400 (N.Y. App. Div. 2003)   Cited 227 times
    Finding that "the bolt, which was embedded in the ground, was not 'dirt,' 'debris,' 'scattered tools and materials' or a 'sharp projection [],' as required by [12 NYCRR 23-1.7(e)(2)]" (first alteration in original)

  4. Vernieri v. Empire Realty Co.

    219 A.D.2d 593 (N.Y. App. Div. 1995)   Cited 135 times
    Applying 12 NYCRR 23-1.4(b) to claim brought under Section 241

  5. Conklin v. Triborough

    49 A.D.3d 320 (N.Y. App. Div. 2008)   Cited 73 times
    Finding § 240 liability where ramp that provided sole means of access to work shanty lacked handrails

  6. Fassett v. Wegmans Food Markets

    66 A.D.3d 1274 (N.Y. App. Div. 2009)   Cited 39 times

    No. 506195. October 29, 2009. Cross appeals from an order of the Supreme Court (Lebous, J.), entered June 30, 2008 in Broome County, which, among other things, granted the motion of defendant Wegmans Food Markets, Inc. for summary judgment dismissing the complaint against it. Shantz Belkin, Latham (Frederick F. Shantz of counsel), for appellant-respondent. The Stanley Law Offices, Syracuse (Keith Young of counsel), for respondent-appellant. Smith, Sovik, Kendrick Sugnet, P.C., Syracuse (Michelle

  7. Belcastro v. Hewlett-Woodmere Union Free School District Number 14

    286 A.D.2d 744 (N.Y. App. Div. 2001)   Cited 48 times

    Argued April 20, 2001. September 24, 2001. In an action to recover damages for personal injuries, etc., (1) the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated March 2, 2000, as denied that branch of their motion which was for summary judgment on the issue of liability on their causes of action predicated upon Labor Law §§ 240(1) and 241(6), granted that branch of the cross motion of the defendant Gemma Construction

  8. Smith v. Hines GS Properties, Inc.

    29 A.D.3d 433 (N.Y. App. Div. 2006)   Cited 33 times
    Finding that an "open area between the building under construction and the materials storage trailers," which was the "only access to equipment and materials" and which "the tradesmen at the site routinely traversed," was not "'passageway' or walkway" covered by Industrial Code § 23-1.7 [e]

  9. Gaisor v. Gregory Madison Avenue, LLC

    13 A.D.3d 58 (N.Y. App. Div. 2004)   Cited 35 times
    In Gaisor v GregoryMadison Ave., LLC, 13 AD3d 58 (1st Dept 2004), an ironworker, as directed by his foreman, was clearing ice and snow from an upper floor in a building under construction when he slipped and fell.

  10. Booth v. Seven World Trade Company, L.P.

    82 A.D.3d 499 (N.Y. App. Div. 2011)   Cited 20 times   1 Legal Analyses

    No. 3992. March 10, 2011. Order, Supreme Court, New York County (Milton A. Tingling, J.), entered January 11, 2010, which, to the extent appealed from, denied the motion of defendants Seven World Trade Company, L.P. and Seven World Trade Center, LLC for summary judgment dismissing the complaint against them, unanimously modified, on the law, to grant the motion to the extent of dismissing plaintiff's Labor Law § 200 and common-law negligence claims, and that part of the Labor Law § 241 (6) claim

  11. Section 241 - Construction, excavation and demolition work

    N.Y. Lab. Law § 241   Cited 7,219 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

  12. Section 23-1.7 - Protection from general hazards

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.7   Cited 1,728 times   52 Legal Analyses
    Relating to slipping hazards

  13. Section 23-9.2 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-9.2   Cited 131 times   2 Legal Analyses

    (a) Maintenance. All power-operated equipment shall be maintained in good repair and in proper operating condition at all times. Sufficient inspections of adequate frequency shall be made of such equipment to insure such maintenance. Upon discovery, any structural defect or unsafe condition in such equipment shall be corrected by necessary repairs or replacement. The servicing and repair of such equipment shall be performed by or under the supervision of designated persons. Any servicing or repairing