Legal Opinion

Melski v. Fitzpatrick & Weller, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 2013PublishedCited by 5 opinions

1Opinion of the Court

*1448Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered May 25, 2012. The order granted the motions of defendant and third-party defendant for summary judgment dismissing the amended complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs decedent fell from a ladder and was injured while performing work on a boiler at a hardwood lumber plant operated by defendant. Plaintiff commenced this action seeking damages for violations of Labor Law §§ 200, 240 (1) and 241 (6), as well as for common-law…

2Cases cited4 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Nagel v. D & R REALTY CORP.New York Court of Appeals · 2002
  3. Smith v. Shell Oil Co.New York Court of Appeals · 1995
  4. Noah v. IBC Acquisition Corp.Appellate Division of the Supreme Court of the State of New York · 1999

3Cited by5 opinions

  1. In re World Trade Center Lower Manhattan Disaster Site LitigationDistrict Court, S.D. New York · 2014
  2. Crescent Beach Club LLC v. Indian Harbor Insurance CompanyDistrict Court, E.D. New York · 2020
  3. LEATHERS, DAVID v. ZAEPFEL DEVELOPMENT COMPANY, INC.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Leathers v. Zaepfel Development Co.Appellate Division of the Supreme Court of the State of New York · 2014
  5. Leathers v. Zaepfel Development Co.Appellate Division of the Supreme Court of the State of New York · 2014

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