Legal Opinion

Vega v. Restani Construction Corp.

New York Court of Appeals

Decided February 16, 2012No. 4PublishedCited by 321 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Lippman.

We hold that plaintiff, a park maintenance worker, is entitled to a trial on the merits of her claim that a subcontractor’s improper disposal of construction debris caused her serious and permanent injuries when, in the course of her employment in a Bronx park, she attempted to move a garbage barrel containing such waste. Whether or not plaintiff will ultimately prevail, she is entitled to present her claim to a trier of fact, and, accordingly, we find that the lower courts correctly denied the summary judgment motion of defendant-appellant General…

2Cases cited8 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  3. Tagle v. JakobNew York Court of Appeals · 2001
  4. Ortiz v. Varsity Holdings, LLCNew York Court of Appeals · 2011
  5. Gasper v. Ford Motor Co.New York Court of Appeals · 1963

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3Cited by321 opinions

  1. Maria De Lourdes Torres v. Police Officer JonesNew York Court of Appeals · 2016
  2. Jacobsen v. New York City Health & Hospital Corp.New York Court of Appeals · 2014
  3. Stonehill Capital Management LLC v. Bank of the WestNew York Court of Appeals · 2016
  4. Voss v. Netherlands InsuranceNew York Court of Appeals · 2014
  5. William J. Jenack Estate Appraisers & Auctioneers, Inc. v. RabizadehNew York Court of Appeals · 2013

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