77 Cited authorities

  1. Ross v. Curtis-Palmer

    81 N.Y.2d 494 (N.Y. 1993)   Cited 3,594 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 1,761 times   2 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 1,929 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 1,754 times   1 Legal Analyses
    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 1,155 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. Cappabianca v. Skanska U.S. Bldg. Inc.

    99 A.D.3d 139 (N.Y. App. Div. 2012)   Cited 557 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
  7. Cahill v. Triborough

    4 N.Y.3d 35 (N.Y. 2004)   Cited 710 times   1 Legal Analyses
    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. Russin v. Picciano Son

    54 N.Y.2d 311 (N.Y. 1981)   Cited 1,422 times   1 Legal Analyses
    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"
  9. Robinson v. East Medical Center

    2006 N.Y. Slip Op. 2457 (N.Y. 2006)   Cited 456 times   2 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. Buckley v. Columbia

    44 A.D.3d 263 (N.Y. App. Div. 2007)   Cited 429 times
    Finding that § 23-2.1 does not apply to material and equipment that is properly stored
  11. Section 130-1.1 - Costs; sanctions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 130-1.1   Cited 4,251 times   4 Legal Analyses
    Authorizing imposition of costs and attorney's fees for engaging in "frivolous conduct"
  12. Section 1926.501 - Duty to have fall protection

    29 C.F.R. § 1926.501   Cited 105 times   25 Legal Analyses
    Placing burden on employer to demonstrate infeasibility
  13. Section 1926.502 - Fall protection systems criteria and practices

    29 C.F.R. § 1926.502   Cited 48 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