77 Cited authorities

  1. Ross v. Curtis-Palmer

    81 N.Y.2d 494 (N.Y. 1993)   Cited 3,039 times
    Holding that plaintiff's "§ 241 claim must fail because of the inadequacy of his allegations regarding the regulations defendants purportedly breached"
  2. Blake v. Neighborhood Hous. Serv. of N.Y.C.

    1 N.Y.3d 280 (N.Y. 2003)   Cited 1,467 times   1 Legal Analyses
    Holding that "an accident alone does not establish a Labor Law § 240 violation"
  3. Rizzuto v. L.A. Wenger Contracting Co., Inc.

    91 N.Y.2d 343 (N.Y. 1998)   Cited 1,543 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”
  4. Comes v. New York State Electric and Gas Corporation

    82 N.Y.2d 876 (N.Y. 1993)   Cited 1,509 times
    Holding no liability under common law or Labor Law § 200 in absence of evidence of supervision or control
  5. Narducci v. Manhasset Bay Assoc

    96 N.Y.2d 259 (N.Y. 2001)   Cited 932 times   6 Legal Analyses
    Affirming summary judgment where falling glass injured plaintiff because material was not being hoisted nor was it part of a load that required securing for purposes of the work being undertaken
  6. Russin v. Picciano Son

    54 N.Y.2d 311 (N.Y. 1981)   Cited 1,254 times
    Holding "[a]n implicit precondition to this duty to provide a safe place to work is that the party charged with that responsibility have the authority to control the activity bringing about the injury to enable it to avoid or correct an unsafe condition"
  7. Cahill v. Triborough

    4 N.Y.3d 35 (N.Y. 2004)   Cited 538 times
    Finding that the worker's actions constituted negligence and a jury could have found his negligence to be the sole cause of his injuries
  8. Cappabianca v. Skanska U.S. Bldg. Inc.

    99 A.D.3d 139 (N.Y. App. Div. 2012)   Cited 357 times   2 Legal Analyses
    Finding a wet floor was not a dangerous condition because it "would not have been present but for the manner and means of plaintiff's injury-producing work," over which defendants had no control
  9. Robinson v. East Medical Center

    2006 N.Y. Slip Op. 2457 (N.Y. 2006)   Cited 405 times   1 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
  10. Hughes v. Tishman Westside

    40 A.D.3d 305 (N.Y. App. Div. 2007)   Cited 376 times
    In Hughes v Tishman Constr. Corp. (40 AD3d 305, 309 [1st Dept 2007]), the Appellate Division, First Department, concluded that "the authority to stop work for safety reasons is insufficient to raise a triable issue of fact with respect to whether [defendant] exercised the requisite degree of supervision and control over the work being performed to sustain a claim... for common-law negligence."
  11. Section 130-1.1 - Costs; sanctions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 130-1.1   Cited 3,636 times   3 Legal Analyses
    Defining frivolous conduct
  12. § 1926.501 Duty to have fall protection

    29 C.F.R. § 1926.501   Cited 91 times   19 Legal Analyses
    Placing burden on employer to demonstrate infeasibility
  13. § 1926.502 Fall protection systems criteria and practices

    29 C.F.R. § 1926.502   Cited 41 times   2 Legal Analyses

    (a) General. (1) Fall protection systems required by this part shall comply with the applicable provisions of this section. (2) Employers shall provide and install all fall protection systems required by this subpart for an employee, and shall comply with all other pertinent requirements of this subpart before that employee begins the work that necessitates the fall protection. (b) Guardrail systems. Guardrail systems and their use shall comply with the following provisions: (1) Top edge height of

  14. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation