Legal Opinion

Russell v. Gaines

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

Decided November 16, 1994PublishedCited by 7 opinions

1Opinion of the Court

—Order reversed on the law without costs, motion denied and cross motion granted. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment on the ground that plaintiff’s Labor Law §§ 240 and 241 and negligence causes of action are barred by Workers’ Compensation Law § 29 (6). Plaintiff was hired by Gaines Electrical Contracting, Inc. (Gaines Electrical) through Temporary Career Services as a temporary employee to do carpentry work on Gaines Electrical’s warehouse. While so employed, plaintiff was instructed by defendant’s decedent, Roy Gaines (Gaines), president and…

2Cases cited8 opinions

  1. Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
  2. Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
  3. Staples v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1989
  4. Cusano v. StaffAppellate Division of the Supreme Court of the State of New York · 1993
  5. Donatin v. Sea Crest Trading Co.Appellate Division of the Supreme Court of the State of New York · 1992

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3Cited by7 opinions

  1. MacChirole v. GiamboiNew York Court of Appeals · 2001
  2. Richardson v. Benoit's Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Jacobsen v. AmedioAppellate Division of the Supreme Court of the State of New York · 1995
  4. Halstead v. WightmanAppellate Division of the Supreme Court of the State of New York · 1998
  5. Cortez v. Horizons Investors Corp.Appellate Division of the Supreme Court of the State of New York · 1996

2 more not listed; retrieve them via the Exa API.

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