§Why CasetextPricing

Justin Nazario, Respondent,v.222 Broadway, LLC, et al., Respondents.---------------------------------222 Broadway, LLC, et al., Third-Party Respondents, v. Knight Electrical Services Corp., Third-Party Appellant. (And Other Third-Party Actions.)

Brief

62 Cited authorities

  1. Espinal v. Melville Snow Contractors

    98 N.Y.2d 136 (N.Y. 2002)   Cited 1,917 times   1 Legal Analyses
    Holding that contract requiring snow removal service to plow when snow accumulation reached three inches was "not the type of 'comprehensive and exclusive' property maintenance obligation contemplated" by previous case law

  2. McCarthy v. Turner Constr

    2011 N.Y. Slip Op. 5541 (N.Y. 2011)   Cited 592 times   2 Legal Analyses
    Holding that a party cannot obtain common law indemnification unless it proves that it was not negligent

  3. Palka v. Servicemaster Mgt.

    83 N.Y.2d 579 (N.Y. 1994)   Cited 686 times
    Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."

  4. Burns Jackson v. Lindner

    59 N.Y.2d 314 (N.Y. 1983)   Cited 816 times   1 Legal Analyses
    Holding that plaintiff had common law right to sue for illegal strikes despite lack of a private cause of action under New York statute prohibiting illegal strikes

  5. Naughton v. City of New York

    94 A.D.3d 1 (N.Y. App. Div. 2012)   Cited 297 times   1 Legal Analyses
    In Naughton, the tag lines used to guide a large bundle being hoisted became "slack," causing the load to swing toward plaintiff.

  6. Brown v. Two Exch. Plaza

    76 N.Y.2d 172 (N.Y. 1990)   Cited 526 times   1 Legal Analyses
    Finding that “although there is no evidence of negligence on A & M's part, the indemnification agreement requires A & M to indemnify Fuller”

  7. Joblon v. Solow

    91 N.Y.2d 457 (N.Y. 1998)   Cited 383 times   1 Legal Analyses
    Holding that "routine maintenance" and "decorative modifications," such as the removal and replacement of a burnt-out lightbulb on an illuminated sign or "the minimal cleaning of windows," fall outside the reach of Section 240

  8. Felker v. Corning Inc.

    90 N.Y.2d 219 (N.Y. 1997)   Cited 374 times

    Argued May 8, 1997; Decided June 12, 1997 Appeal from the Supreme Court, Steuben County (Henry J. Scudder, J.) Burke, Albright, Harter Rzepka, L. L. P., Rochester ( Johnson S. Albright II and Matthew D. Nafus of counsel), for third-party defendant-appellant. Martin Iati, Rochester ( Valerie L. Barbic of counsel), for Corning Incorporated and another, respondents. Krenzer Galliher, P.C., Honeoye Falls ( Cyril A. Krenzer of counsel), for Raymond L. Felker, Jr., and another, respondents. SMITH, J. Plaintiff

  9. Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Co.

    89 N.Y.2d 786 (N.Y. 1997)   Cited 342 times   1 Legal Analyses
    Finding indemnification provisions unenforceable where negligence had been demonstrated against the party seeking enforcement

  10. Jimmy Auriemma v. Biltmore Theatre

    82 A.D.3d 1 (N.Y. App. Div. 2011)   Cited 222 times   1 Legal Analyses
    Holding that plaintiff established a prima facie case that Labor Law § 240 would apply and that whether a plank was "a functional substitute for a staircase or passageway, as opposed to a safety device, is irrelevant since the defendants had a statutory duty to provide a safety device adequate to protect the plaintiff from an elevation-related hazard ..."

  11. Section 740 ILCS 35/3

    740 ILCS 35/3   Cited 7 times   1 Legal Analyses

    This Act does not apply to construction bonds or insurance contracts or agreements. 740 ILCS 35/3 P.A. 77-1629.

  12. Section 23-1.4 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.4   Cited 370 times   3 Legal Analyses
    Defining demolition work to include the "total or partial dismantling . . . of a building or other structure including the removing or dismantling of machinery or other equipment"

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

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10   Cited 11 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

  14. Appendix C to Subpart I of Part 1910 - Personal Fall Protection Systems Non-Mandatory Guidelines

    29 C.F.R. § 1910 app C to Subpart I of Part 1910   2 Legal Analyses

    The following information generally applies to all personal fall protection systems and is intended to assist employers and employees comply with the requirements of § 1910.140 for personal fall protection systems. (a) Planning considerations. It is important for employers to plan prior to using personal fall protection systems. Probably the most overlooked component of planning is locating suitable anchorage points. Such planning should ideally be done before the structure or building is constructed