31 Cited authorities

  1. Ross v. Curtis-Palmer

    81 N.Y.2d 494 (N.Y. 1993)   Cited 2,913 times
    Holding that plaintiff's "§ 241 claim must fail because of the inadequacy of his allegations regarding the regulations defendants purportedly breached"
  2. Rizzuto v. L.A. Wenger Contracting Co., Inc.

    91 N.Y.2d 343 (N.Y. 1998)   Cited 1,467 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”
  3. Lombardi v. Stout

    80 N.Y.2d 290 (N.Y. 1992)   Cited 833 times
    Finding that where plaintiff fell from a ladder while removing tree branches, the accident arose from the manner plaintiff conducted his work, and not from a dangerous condition
  4. Nagel v. D R Realty Corp.

    99 N.Y.2d 98 (N.Y. 2002)   Cited 211 times
    Holding that routine safety inspection of elevator brakes did not fall within the scope of section 241
  5. Jones v. 414 Equities LLC

    57 A.D.3d 65 (N.Y. App. Div. 2008)   Cited 110 times
    In Jones v 414 Equities LLC (57 AD3d 65, 66 [1st Dept 2008]), the plaintiff worked as a demolition laborer on a renovation project underway at a five-story apartment building.
  6. Haimes v. New York Tel. Co.

    46 N.Y.2d 132 (N.Y. 1978)   Cited 227 times
    Finding that the Legislative purpose of amending the statute, "to fix `ultimate responsibility for safety practices . . . where such responsibility actually belongs, on the owner and general contractor,'" applies with equal force to both § 240 and § 241
  7. Ares v. State

    80 N.Y.2d 959 (N.Y. 1992)   Cited 124 times

    Argued September 15, 1992 Decided October 29, 1992 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Gerard Weisberg, J. Sullivan Liapakis, P.C., New York City (Cheryl Eisberg Moin and Pamela Anagnos Liapakis of counsel), for appellant. White, Fleischner, Fino Wade, New York City (Benjamin A. Fleischner and Lynn J. Hershkovits of counsel), for New York State Thruway Authority, respondent. Robert Abrams, Attorney-General, Albany (Jerry Boone of counsel), for

  8. Lodato v. Greyhawk

    39 A.D.3d 491 (N.Y. App. Div. 2007)   Cited 50 times

    No. 2004-00307. April 3, 2007. In an action to recover damages for personal injuries, the defendant Greyhawk North America, LLC, appeals, as limited by its brief and its letter to this Court dated January 25, 2005, from so much of an order of the Supreme Court, Kings County (Ambrosio, J.), dated November 17, 2003, as granted that branch of the plaintiff's motion which was for summary judgment on the issue of its liability pursuant to Labor Law § 240 (1) and § 241 (6), and denied that branch of its

  9. Capuano v. Tishman Constr. Corp.

    98 A.D.3d 848 (N.Y. App. Div. 2012)   Cited 41 times   1 Legal Analyses
    In Capuano v. Tishman Constr. Corp., where the plaintiff slipped on a piece of sprinkler pipe and was injured as a result, the court affirmed the motion court's granting of partial summary judgment on the Labor Law § 241(6) claim based on a violation of Industrial Code § 23-1.7(e)(2).
  10. Zegarowicz v. Ripatti

    77 A.D.3d 650 (N.Y. App. Div. 2010)   Cited 37 times

    Nos. 2008-07609, 2008-09185. October 5, 2010. Motion by the defendant HVT, Inc., for leave to reargue appeals from an order of the Supreme Court, Westchester County, entered July 3, 2008, and a judgment of the same court dated August 27, 2008, which were determined by decision and order of this Court dated November 4, 2009. Laub Delaney LLP (Pollack, Pollack, Isaac De Cicco, New York, N.Y. [Brian J. Isaac and Catherine A. Sheridan], of counsel), for appellant. Rende, Ryan Downes, LLP, White Plains

  11. s 23-1.7 - Protection from general hazards

    N.Y. Comp. Codes R. & Regs. tit. 12 § 23-1.7   Cited 1,335 times   51 Legal Analyses
    Relating to slipping hazards