Legal Opinion
Lupo v. Pro Foods, LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 2009PublishedCited by 6 opinions
1Opinion of the Court
Plaintiff, a laborer employed by a subcontractor at a construction project, was injured when, in the course of carrying out a directive to retrieve a lighting fixture, he walked across a freshly poured concrete surface, covered with a polyplastic sheeting, and past the edge thereof, falling into an inclined opening or ramp that had been at least partially concealed by the sheeting. The motion court dismissed plaintiffs claim pursuant to Labor Law § 240 (1) on the ground that he had not been working at an elevated height. Indeed, it is clear that plaintiff’s fall occurred at a place where he…
2Cases cited5 opinions
- Urban v. No. 5 Times Square Development, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Smith v. McClier Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Geonie v. OD & P NY Ltd.Appellate Division of the Supreme Court of the State of New York · 2008
- Romeo v. Property Owner (USA) LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Brunetti v. MusallamAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by6 opinions
- Bisram v. Long Island Jewish HospitalAppellate Division of the Supreme Court of the State of New York · 2014
- Bisram v. Long Island Jewish HospitalAppellate Division of the Supreme Court of the State of New York · 2014
- Francescon v. Gucci America, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Francescon v. Gucci America, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Kidron v. Suris & Assoc., P.C.Appellate Division of the Supreme Court of the State of New York · 2024
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