Legal Opinion

Kouros v. State

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

Decided November 8, 2001No. Claim No. 98994PublishedCited by 17 opinions

1Opinion of the CourtMugglin, J.

Appeals (1) from an order of the Court of Claims (Hanifin, J.), entered June 22, 2000, which, inter alia, granted claimant’s motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1), and (2) from the judgment entered thereon.

This case again presents for our consideration the recalcitrant worker defense to a claim of liability arising under Labor Law § 240 (1). Among the facts which are not in dispute are the following. Defendant State of New York is the owner of a bridge which spans the Chenango River in Broome County where State Route 17 and Interstate…

2Cases cited6 opinions

  1. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  2. Stolt v. General Foods Corp.New York Court of Appeals · 1993
  3. Smith v. Hooker Chemicals & Plastics Corp.Appellate Division of the Supreme Court of the State of New York · 1982
  4. Powers v. Lino Del Zotto & Son Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  5. Watso v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by17 opinions

  1. Morin v. Machnick Builders, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Morales v. Spring Scaffolding, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Garzon v. ViolaAppellate Division of the Supreme Court of the State of New York · 2015
  4. Moniuszko v. Chatham Green, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  5. Williams v. Town of PittstownAppellate Division of the Supreme Court of the State of New York · 2012

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