62 Cited authorities

  1. Espinal v. Melville Snow Contractors

    98 N.Y.2d 136 (N.Y. 2002)   Cited 1,452 times
    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 390 times   1 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 611 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 746 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. 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”
  6. Felker v. Corning Inc.

    90 N.Y.2d 219 (N.Y. 1997)   Cited 352 times
    In Felker, the plaintiff fell as he reached from a step ladder over an elevated alcove wall. It was this unique situation and the "contractor's complete failure to provide any safety device to plaintiff to protect him from this... risk of falling over the alcove wall and through the suspended ceiling to the floor below that leads to liability."
  7. Joblon v. Solow

    91 N.Y.2d 457 (N.Y. 1998)   Cited 339 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. 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
  9. Panek v. County of Albany

    99 N.Y.2d 452 (N.Y. 2003)   Cited 249 times
    Holding that the plaintiff was engaged in a significant physical change to the building within the meaning of New York Labor Law § 240 where "[t]he removal of the two 200-pound air handlers [from the cooling system] required two days of preparatory labor, including the dismantling of electrical and plumbing components of the cooling system, and involved the use of a mechanical lift to support the weight of the air handlers."
  10. Naughton v. City of New York

    94 A.D.3d 1 (N.Y. App. Div. 2012)   Cited 176 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.
  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 301 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 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

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

    29 C.F.R. 1910 Appendix C   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