Vega v. Restani Construction Corp.
New York Court of Appeals
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
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Tagle v. JakobNew York Court of Appeals · 2001
- Ortiz v. Varsity Holdings, LLCNew York Court of Appeals · 2011
- Gasper v. Ford Motor Co.New York Court of Appeals · 1963
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- William J. Jenack Estate Appraisers & Auctioneers, Inc. v. RabizadehNew York Court of Appeals · 2013
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