Legal Opinion
Scaparo v. Village of Ilion
New York Court of Appeals
Decided December 1, 2009No. 212 SSM 42PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
The Appellate Division majority properly concluded that no triable issue of fact exists whether defendant Herkimer County Industrial Development Agency (HCIDA) was an owner within the contemplation of Labor Law § 241 (6). In cases imposing liability on a property owner who did not contract for the work performed on the property, this Court has required “some nexus between the owner and the worker, whether by a lease agreement or grant of an…
2Cases cited4 opinions
- Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
- Abbatiello v. Lancaster Studio AssociatesNew York Court of Appeals · 2004
- Copertino v. WardAppellate Division of the Supreme Court of the State of New York · 1984
- Reisch v. Amadori Construction Co.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by32 opinions
- Morton v. StateNew York Court of Appeals · 2010
- Guryev v. TomchinskyNew York Court of Appeals · 2012
- Bermejo v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Cortez v. Northeast Realty Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Cruz v. 1142 Bedford Ave., LLCAppellate Division of the Supreme Court of the State of New York · 2021
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