39 Cited authorities

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

    91 N.Y.2d 343 (N.Y. 1998)   Cited 1,485 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”
  2. W.W.W. Assocs v. Giancontieri

    77 N.Y.2d 157 (N.Y. 1990)   Cited 1,949 times
    Holding that extrinsic evidence was immaterial, in part because the contract plainly manifested intent that all prior understandings were merged into the contract, which expressed the parties' full agreement
  3. Brown v. Two Exch. Plaza

    76 N.Y.2d 172 (N.Y. 1990)   Cited 456 times
    Finding that “although there is no evidence of negligence on A & M's part, the indemnification agreement requires A & M to indemnify Fuller”
  4. Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Co.

    89 N.Y.2d 786 (N.Y. 1997)   Cited 301 times
    Finding indemnification provisions unenforceable where negligence had been demonstrated against the party seeking enforcement
  5. Drzewinski v. Atlantic Scaffold Ladder Co., Inc.

    70 N.Y.2d 774 (N.Y. 1987)   Cited 371 times
    Holding scaffolding company liable to plaintiff under § 240 where the scaffolding company specifically "contracted to provide, erect and maintain the scaffolding and other equipment for the safety of those working on the job"
  6. Sprague v. Peckham Materials Corp.

    240 A.D.2d 392 (N.Y. App. Div. 1997)   Cited 195 times
    In Sprague v Peckham Materials Corp., 240 AD2d 392 [1997]) although there was no allegation before the court that the ladder was defective, the court did find that the accident was caused at least in part by the ladder's being placed on gravel.
  7. Welsbach Electric Corp. v. MasTec North America

    2006 N.Y. Slip Op. 8632 (N.Y. 2006)   Cited 127 times   1 Legal Analyses
    Holding that New York's public policy against pay-if-paid contracts is not so fundamental that it should override the parties' choice of Florida law, which permits pay-if-paid contracts
  8. O'Sullivan v. IDI Construction Co.

    28 A.D.3d 225 (N.Y. App. Div. 2006)   Cited 126 times
    Finding no liability under Labor Law § 241 where plaintiff tripped over a permanently placed electrical pipe because the injury-producing object was an integral part of what was being constructed
  9. Sherrill v. Grayco Builders

    64 N.Y.2d 261 (N.Y. 1985)   Cited 187 times
    Holding that where two agreements with similar subject matter exist, but involve different signatories and impose independent obligations, the arbitration provision in the first does not carry into the second
  10. Dennis v. City of New York

    304 A.D.2d 611 (N.Y. App. Div. 2003)   Cited 109 times

    2000-09424 Argued March 12, 2003. April 14, 2003. In an action to recover damages for personal injuries, etc., the third-party defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Bruno, J.), dated August 29, 2000, as denied that branch of their motion which was for summary judgment dismissing the plaintiffs' cause of action pursuant to Labor Law § 241(6), and the plaintiffs cross-appeal, as limited by their brief, from so much of the same order

  11. Section 23-1.13 - Electrical hazards

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.13   Cited 75 times

    (a) Operations subject to the jurisdiction of the Public Service Commission. None of the provisions of this section shall apply to or in connection with operations conducted by employers, owners, contractors and their agents subject to the jurisdiction of the Public Service Commission. (b) General. (1) Precautions. All power lines and power facilities around or near construction, demolition and excavation sites shall be considered as energized until assurance has been given that they are otherwise

  12. Section 600.10 - Format and content of records, appendices and briefs

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10   Cited 9 times

    (a) Form and size. (1) Generally; paper and page size. Records, appendices and briefs shall be reproduced by any method that produces a permanent, legible, black on white copy and shall be on a good grade of white, opaque, unglazed recycled paper that satisfies the requirements of subdivision (e) of this section. Paper shall measure vertically 11 inches on the bound edge and horizontally 81/2 inches. The clerk may refuse to accept for filing a paper which is not legible or otherwise does not comply