21 Cited authorities

Ross v. Curtis-Palmer
81 N.Y.2d 494 (N.Y. 1993) Cited 3,595 times
Holding that plaintiff's "§ 241 claim must fail because of the inadequacy of his allegations regarding the regulations defendants purportedly breached"
Pulka v. Edelman
40 N.Y.2d 781 (N.Y. 1976) Cited 924 times
Holding that parking garage owner had no special relationship to pedestrians passing by on sidewalk in front of garage exit and that garage had no duty to protect off-premise pedestrians from negligent conduct of patrons
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
Jock v. Fien
80 N.Y.2d 965 (N.Y. 1992) Cited 315 times
Holding that plaintiff's work during the normal manufacturing process did not involve an enumerated activity and therefore he was not entitled to protection under the statute
Eaves Brooks v. Y.B.H. Realty
76 N.Y.2d 220 (N.Y. 1990) Cited 336 times
Noting that contractual damage limitations help keep alarm services affordable
Abbatiello v. Lancaster Assoc
3 N.Y.3d 46 (N.Y. 2004) Cited 187 times
Noting that law "imposes absolute liability on owners and contractors for any breach of statutory duty that proximately causes injury"
Becker v. Schwartz
46 N.Y.2d 401 (N.Y. 1978) Cited 338 times 1 Legal Analyses
Finding courts not equipped to handle the task of comparing the value of life in an impaired state and nonexistence
Strauss v. Belle Realty Co.
65 N.Y.2d 399 (N.Y. 1985) Cited 233 times
Holding utility company owed no duty to noncustomer tenant injured in a fall in the common area of apartment building for negligent failure to restore power after a power outage
De Angelis v. Lutheran Medical Center
58 N.Y.2d 1053 (N.Y. 1983) Cited 230 times
In De Angelis v. Lutheran Medical Ctr., 58 N.Y.2d 1053, 1055, 462 N.Y.S.2d 626, 627, 449 N.E.2d 406, 407 (1983), it declared: "In fixing the bounds of... duty, not only logic and science, but policy play an important role."
Tobin v. Grossman
24 N.Y.2d 609 (N.Y. 1969) Cited 302 times
Denying recovery
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

Robert Gerrish, Respondent,v.56 Leonard LLC, et al., Appellants, et al., Defendant.

21 Cited authorities

Holding that plaintiff's "§ 241 claim must fail because of the inadequacy of his allegations regarding the regulations defendants purportedly breached"

Holding that parking garage owner had no special relationship to pedestrians passing by on sidewalk in front of garage exit and that garage had no duty to protect off-premise pedestrians from negligent conduct of patrons

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

Holding that plaintiff's work during the normal manufacturing process did not involve an enumerated activity and therefore he was not entitled to protection under the statute

Noting that contractual damage limitations help keep alarm services affordable

Noting that law "imposes absolute liability on owners and contractors for any breach of statutory duty that proximately causes injury"

Finding courts not equipped to handle the task of comparing the value of life in an impaired state and nonexistence

Holding utility company owed no duty to noncustomer tenant injured in a fall in the common area of apartment building for negligent failure to restore power after a power outage

In De Angelis v. Lutheran Medical Ctr., 58 N.Y.2d 1053, 1055, 462 N.Y.S.2d 626, 627, 449 N.E.2d 406, 407 (1983), it declared: "In fixing the bounds of... duty, not only logic and science, but policy play an important role."

Denying recovery