Legal Opinion

Pellescki v. City of Rochester

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

Decided November 19, 1993No. Appeal No. 1PublishedCited by 29 opinions

1Opinion of the Court

—Judgment unanimously affirmed without costs. Memorandum: Plaintiffs contend that a new trial is required on the ground that Supreme Court precluded testimony that defendants owners and general contractor of the parking ramp where plaintiff Michael Pellescki was allegedly *763injured violated Labor Law § 241 (6) by failing to monitor his employer’s compliance with certain Occupational Safety & Health Administration (OSHA) regulations. There is no merit to that contention. In order to show that a nondelegable duty on the part of the owner and general contractor exists under Labor Law § 241 (6),…

2Cases cited3 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Herman v. Lancaster Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  3. Berardi v. Getty Refining & Marketing Co.New York Supreme Court · 1980

3Cited by29 opinions

  1. Rizzuto v. L.A. Wenger Contracting Co.New York Court of Appeals · 1998
  2. Vernieri v. Empire Realty Co.Appellate Division of the Supreme Court of the State of New York · 1995
  3. McGrath v. Lake Tree Village AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
  4. Adamczyk v. Hillview Estates Development Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Ozzimo v. H.E.S., Inc.Appellate Division of the Supreme Court of the State of New York · 1998

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