Legal Opinion

Morris v. Pavarini Construction

New York Court of Appeals

Decided July 2, 2007PublishedCited by 33 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

The issue is whether a Labor Department regulation requiring “forms” to be “braced or tied together so as to maintain position and shape” (12 NYCRR 23-2.2 [a]) has been violated. We hold that the question cannot be answered on this record.

Facts and Procedural History

Plaintiff, a carpenter, was working on the construction of a new building in Manhattan when a large object, which he says was a “form,” fell on and injured his hand. The record shows that the word “form” can refer to several different things, but for present purposes it is a kind of mold used in the…

2Cases cited2 opinions

Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
Millard v. City of OgdensburgAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by33 opinions

Misicki v. CaradonnaNew York Court of Appeals · 2009
USAA Cas. Ins. Co. v. PERMANENT MISSION OF NAMIBIACourt of Appeals for the Second Circuit · 2012
Nostrom v. A.W Chesterton Co.New York Court of Appeals · 2010
Rought v. Price Chopper Operating Co.Appellate Division of the Supreme Court of the State of New York · 2010
In re World Trade Center Lower Manhattan Disaster Site LitigationDistrict Court, S.D. New York · 2014

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