Tennant v. Curcio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J. P.
Appeal from an order of the Supreme Court (Caruso, J.), entered April 10, 1996 in Schenectady County, which denied plaintiff’s motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).
The sole issue for our consideration is whether there exists a genuine question of fact on the issue of plaintiff’s status as a "recalcitrant worker” so as to bar a grant of partial summary judgment in his favor. We respond in the negative and accordingly reverse Supreme Court’s order denying plaintiff’s motion for partial summary judgment on the issue of…
2Cases cited11 opinions
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- Stolt v. General Foods Corp.New York Court of Appeals · 1993
- Smith v. Hooker Chemicals & Plastics Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Hagins v. StateNew York Court of Appeals · 1993
- Jastrzebski v. North Shore School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Powers v. Lino Del Zotto & Son Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Williams v. Town of PittstownAppellate Division of the Supreme Court of the State of New York · 2012
- Fichter v. SmithAppellate Division of the Supreme Court of the State of New York · 1999
- Kaffke v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Barnhardt v. Richard G. Rosetti, LLCAppellate Division of the Supreme Court of the State of New York · 2023
8 more not listed; retrieve them via the Exa API.