Legal Opinion
Tucker v. Tishman Construction Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 4, 2007PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Carol Edmead, J.), entered May 3, 2005, which, insofar as appealed from, granted third-party defendant’s motion for summary judgment dismissing plaintiffs causes of action under Labor Law § 241 (6), and bringing up for review, pursuant to CPLR 5517 (b), an order, same court and Justice, entered August 24, 2005, which, inter alia, denied plaintiffs motion to renew, unanimously affirmed, without costs.
The record establishes that the area where plaintiff fell was not a passageway subject to Industrial Code (12 NYCRR) § 23-1.7 (e) (1) but a work area subject…
2Cases cited7 opinions
- William P. Pahl Equipment Corp. v. KassisAppellate Division of the Supreme Court of the State of New York · 1992
- Canning v. Barneys New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Lenard v. 1251 Americas AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
- Carty v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 2006
- Cahill v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by5 opinions
- Lopez v. New York City Department of Environmental ProtectionAppellate Division of the Supreme Court of the State of New York · 2014
- Aragona v. StateAppellate Division of the Supreme Court of the State of New York · 2010
- Passaro v. 163-15 Northern Flushing Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Brown v. 44th Street Development, LLCNew York Supreme Court · 2015
- Letterese v. A&F Commercial Bldrs., L.L.C.Appellate Division of the Supreme Court of the State of New York · 2020