Legal Opinion
Smith v. New York State Electric & Gas Corp.
New York Court of Appeals
Decided October 14, 1993PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, defendant’s cross motion for partial summary judgment dismissing plaintiffs’ Labor Law § 240 (1) cause of action granted, and the certified question answered in the affirmative.
Plaintiff was injured while dismantling a coal conveyer system located in a subterranean concrete vault. The dismantled machinery was removed from the underground work area by a crane situated at ground level with its cable lowered through an opening in the vault’s ceiling. A 200-pound metal tension ball attached to the…
2Cases cited2 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
3Cited by29 opinions
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- Misseritti v. Mark IV Construction Co.New York Court of Appeals · 1995
- Melber v. 6333 Main Street, Inc.New York Court of Appeals · 1998
- Adamczyk v. Hillview Estates Development Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Charles v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
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