Legal Opinion

Dilluvio v. City of New York

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

Decided March 2, 2000PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Friedman, J.

The central question presented by this appeal is whether plaintiff,* who fell from the back of a pickup truck while he was being driven to a location where he would place cones on a roadway to block traffic, is entitled to the protection of Labor Law § 240 (1). As plaintiff was not subject to any exceptionally dangerous condition related to being on an elevated work site, he was not exposed to the type of risks covered by the Labor Law. We also conclude that the work plaintiff was doing did not constitute work on a “structure” as contemplated by the statute.…

2Cases cited24 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
  3. Lombardi v. StoutNew York Court of Appeals · 1992
  4. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  5. Misseritti v. Mark IV Construction Co.New York Court of Appeals · 1995

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3Cited by19 opinions

  1. Rice v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2003
  2. Modeste v. Mega Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Vaneer v. 993 Intervale Avenue Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Eddy v. John Hummel Custom Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  5. Vargas v. StateAppellate Division of the Supreme Court of the State of New York · 2000

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

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