Legal Opinion

Durkin v. IDI Construction

New York Supreme Court

Decided March 24, 1999Published

1Opinion of the Court

OPINION OF THE COURT

Lorraine S. Miller, J.

Motion sequence Nos. 004, 005 and 006 are consolidated for disposition. This action arises out of an accident on June 11, 1997 at 590 Madison Avenue, New York City. Plaintiff, Patricia Durkin, was walking on the sidewalk when she was allegedly struck by a wooden A-frame ladder which had been leaning against the building but tipped over onto her.

PARTIES AND PLEADINGS

Tourneau N.Y. Inc. (Tourneau), the lessee, was in the process of having the premises renovated into a retail store. Plaintiff asserts claims against Tourneau, IDI Construction (IDI),…

2Cases cited24 opinions

  1. Stainless, Inc. v. Employers Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
  2. Schwartz v. Merola Bros. Construction Corp.New York Court of Appeals · 1943
  3. Stainless, Inc. v. Employers' Fire InsuranceNew York Court of Appeals · 1980
  4. Rosenberg v. SchwartzNew York Court of Appeals · 1932
  5. Boylhart v. DiMarco & Reimann, Inc.New York Court of Appeals · 1936

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