Legal Opinion
Hughes v. Murnane Building Contractors, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 2011PublishedCited by 5 opinions
1Opinion of the Court
Memorandum:
Defendants appeal, as limited by their briefs, from an order insofar as it denied their motions for summary judgment seeking dismissal of the common-law negligence cause of action, which is based on the doctrine of “danger invites rescue” (hereafter, rescue doctrine). Defendant Murnane Building Contractors, Inc. (Murnane) was the general contractor on a construction project that involved the installation of a large pipe in a trench. The trench was 1,200 feet long and 40 feet deep. Defendant M.A. Bongiovanni, Inc. (Bongiovanni) was the excavation subcontractor on the project, and it…
2Cases cited12 opinions
- Wagner v. International Railway Co.New York Court of Appeals · 1921
- Provenzo v. SamNew York Court of Appeals · 1968
- McCoy v. American Suzuki Motor Corp.Washington Supreme Court · 1998
- O'Connor v. Syracuse UniversityAppellate Division of the Supreme Court of the State of New York · 2009
- Snyder v. KramerAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by5 opinions
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- Kesick v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2013
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