Legal Opinion

Fernandez v. MHP Land Associates

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

Decided December 22, 1992PublishedCited by 16 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Stuart C. Cohen, J.), entered April 28, 1992 which denied plaintiffs’ motion for summary judgment, unanimously reversed, on the law, and the plaintiffs’ motion is hereby granted, without costs. The Clerk is directed to enter judgment in favor of plaintiffs-appellants, granting them summary judgment pursuant to section 240 (1) of the Labor Law of the State of New York and striking the affirmative defenses of culpable conduct.

Plaintiffs commenced this action pursuant to Labor Law § 240 (1) to recover for injuries sustained by plaintiff, Jose Fernandez, as…

2Cases cited4 opinions

  1. Bland v. ManocherianNew York Court of Appeals · 1985
  2. Haimes v. New York Telephone Co.New York Court of Appeals · 1978
  3. Smith v. Cassadaga Valley Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1991
  4. Marasco v. KaplanAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by16 opinions

  1. Montalvo v. J. Petrocelli Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Morin v. Machnick Builders, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Rodriguez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
  4. Urrea v. Sedgwick Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
  5. Bryan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994

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